A public interest litigation (PIL) has been filed before the Delhi High Court, raising serious concerns about the unauthorized use of original artistic works by artificial intelligence (AI) software. The PIL, titled Kanchan Nagar & Ors v. Union Of India & Ors., seeks judicial intervention in regulating the use of AI technologies that appropriate copyrighted material without permission, particularly the use of photographs and images created by professional artists and models. 

The petitioners’ plea and key concerns 

The PIL has been moved by professional model Kanchan Nagar, photographer Vikas Saboo, and the company behind the stock photography website Images Bazaar. The petitioners contend that the rise of AI-driven platforms that generate images using original artistic works without the creator’s consent is causing widespread harm to the intellectual property rights of artists and professionals. In particular, the petitioners are seeking the framing of comprehensive regulations to prevent the unauthorized use of artistic works by AI platforms. 

The PIL calls for amendments to existing legislation, including the Copyright Act, 1957 and the Information Technology Rules, to address the growing threat posed by AI-generated content. The petitioners argue that current laws fail to account for the misuse of copyrighted materials in the context of AI technologies, leaving artists vulnerable to exploitation. In essence, the PIL seeks to ensure that AI cannot be used to create content based on original works without compensating or seeking permission from the creators. 

One of the key demands of the petitioners is the inclusion of AI-induced offences, such as the creation and distribution of AI-generated works that impersonate or misappropriate copyrighted images, under the ambit of laws against cheating and impersonation. They also seek directions for the identification and blocking of unregulated applications, software, and platforms that facilitate the creation of such AI-generated content. This includes preventing the sale of AI-generated images created using original works without the permission of the artists. 

Furthermore, the PIL advocates for the establishment of a dedicated nodal officer to handle complaints related to copyright infringement caused by AI-generated images. The petitioners stress that this will streamline the process for artists to report and resolve grievances related to unauthorized use of their works. 

The growing threat of AI-generated art 

Artificial intelligence, particularly generative AI models, has seen significant advancements in recent years. Platforms like DALL-E and MidJourney have demonstrated the ability to produce stunning visual art by processing vast amounts of existing works. While these technologies have their merits, they have also raised concerns regarding intellectual property rights, as AI tools often “learn” from copyrighted materials that they have not been granted permission to use. 

The impact on professional photographers, models, and artists is becoming increasingly apparent. Original artistic works, whether photographs, designs, or models’ likenesses, are being used as raw material for AI programs that create new images. The result is a growing market for AI-generated content, which is often sold or used without the consent of the original creators. This not only threatens the financial well-being of artists but also raises serious ethical and legal questions about ownership and consent in the digital age. 

For instance, many freelance models, especially women, are finding their images used without their consent to create deepfake content or AI-generated art, which may then be sold or used in ways that violate their privacy and image rights. The petitioners, particularly, have highlighted the disproportionate impact this is having on female models, whose faces and likenesses are often exploited for commercial purposes without their knowledge or permission. The plea notes that the lack of clear legal provisions addressing this issue prevents artists from taking legal action or receiving adequate compensation for the use of their works. 

Deepfakes and the need for urgent action 

The Delhi High Court bench, comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, has already been addressing the broader issue of digital manipulation through the misuse of technologies like deepfakes (in Rajat Sharma v. Union of India and Chaitanya Rohilla v. Union of India). Deepfakes refer to videos or images that are digitally manipulated to impersonate individuals, often in malicious or harmful ways. On November 21, 2024, the bench issued a direction to a committee constituted by the Union Ministry of Electronics and Information Technology to study the issue of deepfakes and seek input from a range of stakeholders, including internet intermediaries, telecom service providers and victims of deepfake content. 

The court’s reference to the deepfake matter underscores the growing concerns about digital manipulation and the misuse of AI technologies. As the petitioners’ plea suggests, AI-generated art and deepfakes often overlap, especially when the likenesses of individuals, particularly women, are used without consent. The lack of clear legal provisions and mechanisms to address these issues leaves many victims with little recourse. 

In Delhi High Court bench’s remarks, Chief Justice Manmohan noted that the court doesn’t have a “magic wand” to resolve these complex issues but emphasized the importance of hearing all relevant stakeholders before passing any orders. The petitioners, however, argue that the current lack of specific regulations is contributing to the exploitation of artists and models and that prompt action is necessary to protect their rights. 

Looking ahead: Legal and regulatory solutions 

The PIL filed before the Delhi High Court highlights an urgent need for lawmakers, regulators, and the judiciary to adapt existing legal frameworks to the challenges posed by AI technologies. As AI continues to evolve, so too must our understanding of intellectual property, privacy, and consent in the digital landscape. Artists, models, and other content creators deserve greater protection from the unauthorized use of their works, and the law must catch up to the rapid advancements in AI-driven technology. 

The Delhi High Court will hear the matter again on March 24, 2025. In the meantime, it remains to be seen whether the government will take proactive steps to address the legal and ethical issues raised by the use of AI in artistic works, including deepfakes and the exploitation of individual likenesses. The outcome of this PIL could have far-reaching implications for the future of AI-generated content and the protection of intellectual property in India.