India’s Generative AI and Copyright Consultation: CISAC calls for a cautious approach towards licensing works for AI training

On 6 February, CISAC submitted recommendations to India’s Ministry of Commerce and Industry in response to the Department for Promotion of Industry and Internal Trade’s (DPIIT) Working Paper on Generative AI and Copyright, urging policymakers to reinforce existing licensing efforts rather than introduce a new statutory remuneration right.

As India examines potential regulatory interventions for generative AI, CISAC stressed in its submission that  voluntary licensing remains the most effective and balanced solution to ensure creators are fairly remunerated while enabling continued AI innovation.

While the consultation questions the long-term feasibility of direct licensing, it overlooks the central role collective management plays in administering fair and comprehensive licenses. 

Voluntary licensing, supported by appropriate safeguards such as transparency obligations and strengthened collective management of rights, offers the most sustainable path forward. It enables rightsholders to determine when and how their works are used by AI developers, while ensuring remuneration reflects market value. Collective management organisations can play a key role in managing information, facilitating access to works at-scale, and ensuring that a broad community of creators can benefit from AI at various stages of the value chain.

CISAC cautions that introducing a statutory system could weaken creators’ negotiating power and limit their autonomy, potentially imposing terms that do not reflect the true economic value of their works. Statutory licensing should be considered as a measure of “last resort,” after market-based solutions have been fully explored.

Should a hybrid statutory model be adopted, CISAC calls for stronger safeguards. These include clear definitions of “lawful access” to prevent unauthorised use of protected works, and provisions that respect the specific characteristics of different creative repertoires.

Administratively, CISAC recommends building on existing collective management infrastructures rather than creating a new centralised authority to collect royalties. CISAC also cautions against introducing rewards-based systems tied to commercial success, noting that such models risk marginalising smaller creators and undermining cultural diversity goals.

CISAC ultimately encourages the Indian government to prioritise free-market voluntary licensing and support collective management of such licenses, as this approach would align most with current global rights management frameworks and offer the flexibility needed in a fast-evolving AI landscape.

Read CISAC’s full response here 
Read India’s DPIIT’s Working Paper on Generative AI and Copyright Part I
See CISAC’s public contributions on copyright and AI page
Visit CISAC’s dedicated AI page