AI Generated Music and Copyright Infringement in India: Legal Gaps and Liability

Introduction 

Artificial intelligence has permeated almost every creative domain and music is no exception. AI models can now compose songs, make background music, replicate human voices, and even emulate the styles of great artists.  As AI technologies advance, they are not just revolutionizing how music is generated, but also undermining the industry's long-standing copyright presumptions.  The Indian Copyright Act, 1957 does not specifically recognise artificial intelligence as a creator.  This omission generates confusion about who owns the copyright to music generated by AI systems.

When Does AI Generated Music Amount to Infringement?

To comprehend the threats posed by AI systems, it is vital to investigate how AI generated music may infringe existing copyrights.

Copyright infringement in India occurs when a work reproduces, adapts, or conveys a major portion of an existing copyrighted work without permission.  AI complicates matters since it trains on enormous databases, which frequently contain copyrighted songs.

The following two circumstances are the most relevant:

1. Infringement via Training Data

India does not have an explicit “text and data mining” (TDM) exception.  If copyrighted songs were used to train an AI model without authorization, the rights holders may claim unlawful reproduction.  Although the Copyright Act includes several fair dealing provisions (Section 52), none specifically address large-scale machine learning.  Developers may face liability unless they obtain licensed datasets.

2. Infringement via Output

Even if the training is legal, the resulting music may unintentionally resemble prior compositions.  If an AI's output is substantially similar to a protected melody, rhythm pattern, or arrangement, using the output may constitute infringement, even if the resemblance is unintentional.   With models trained on millions of songs, unintentional musical overlap becomes statistically probable.

AI Voice Cloning and Performers’s Rights 

Beyond musical compositions, AI technology increases infringement threats through voice imitation, particularly for performerss' statutory rights.

Sections 38 and 38A of the Copyright Act provide performerss exclusive rights to record and communicate their performances.  Unauthorized AI impersonation of a playback singer's voice may thus violate:

• Performers’s rights

• Personality rights (misappropriation of identity)

This contributes directly to copyright infringement because the unlawful duplication of a performers's voice entails copying and disseminating their protected performance without consent.

Legal Gaps in India’s Copyright Framework

India's copyright framework has significant flaws, making AI generated music inadequately governed.  The Copyright Act of 1957 does not recognize AI as a creator, does not establish guidelines for authorship of AI generated works, or assigns liability to developers, users, or platforms.  There is no text and data mining exception that allows training on copyrighted music, and there is no legal advice on concerns such as voice cloning or personality rights in AI generated performances.  Platform safe harbour protections are likewise ambiguous.  These loopholes provide confusion in detecting ownership, infringement, and accountability, making enforcement unpredictable as AI generated music becomes more common.

Authorship Uncertainty and Its Impact on Liability

The authorship of AI generated music is uncertain under Indian law because the Copyright Act only recognizes human artists and defines the author of computer generated work as the person who "causes the work to be created."  With AI, it is unclear whether this refers to the programmer, the user delivering instructions, or the platform that runs the system.  This uncertainty has a direct impact on liability: without a clearly recognizable author, determining liability for infringement becomes difficult.  As a result, courts must assign culpability based on levels of human involvement and control, making outcomes inconsistent and legally unpredictable. This lack of clarity creates a significant legal breach in India's copyright framework, as the inability to identify an author makes assigning responsibility for infringement extremely difficult.

Liability 

The liability for copyright infringement in AI generated music is determined by each party's role.  Developers may be held accountable if they train models using copyrighted songs without authorization.  Users may be held liable for generating or sharing AI generated compositions that closely resemble protected music, even if they did so accidentally.  Platforms that host AI tools or distribute AI generated music may face secondary responsibility if they intentionally allow infringing content or ignore takedown notices.  Because Indian law does not clearly assign responsibility, courts will determine liability based on human control, knowledge, and participation in the creation and dissemination processes.

Conclusion 

AI generated music highlights severe flaws in India's copyright framework, particularly in terms of infringement, authorship, and accountability.  As AI systems rely on copyrighted datasets and may produce outputs that resemble previous works, disputes are likely to escalate.  Voice cloning complicates enforcement by involving performers and personality rights.  With no clear statutory guidance, Indian courts will continue to base their decisions on human involvement, intent, and control.  To strike a balance between innovation and creative rights protection, India need clearer legal criteria for AI training, output use, and infringement liability.

References

1. Deevanshu Shrivastava, & Shreya Goswami. (2025, January 6). AI music’s missing the copyright beats. Deccan Herald. Retrieved November 11, 2025, from https://www.deccanherald.com/opinion/ai-music-s-missing-the-copyright-beats-3343803 

2. Co, M. &. (2025, July 16). AI Copyright Law India: Ownership explained. Maheshwari & Co. https://www.maheshwariandco.com/blog/ai-copyright-law-india/ 

3. S.S. Rana & Co. (2024, May 1). Al-Generated Music and Copyright- India - S.S. Rana & Co. S.S. Rana & Co. Retrieved November 11, 2025, from https://ssrana.in/articles/al-generated-music-and-copyright-law/ 

4. The Legal Symphony of AI-Generated Music: Copyright Challenges and the Indian Perspective – The AIJA Journal. (2025, January 21). Retrieved November 11, 2025, from https://theaijajournal.org/the-legal-symphony-of-ai-generated-music-copyright-challenges-and-the-indian-perspective/ 

5. Seo. (2025, October 25). Ownership of AI generated content. A Deep Dive into Copyright Law in India. Khurana And Khurana. https://www.khuranaandkhurana.com/ownership-of-ai-generated-content-a-deep-dive-into-copyright-law-in-india 

This article is authored by Atchuta Sai Gowtham, who was among the Top 40 performers in the Quiz Competition on International Human Rights organized by Lets Learn Law.