Introduction

Copyright law in India continues to evolve in response to rapid technological change, digital dissemination, and the emergence of artificial intelligence. While the statutory foundation under the Copyright Act, 1957 remains intact, judicial interpretation has significantly expanded its application. At its core, copyright grants a bundle of exclusive rights, and any unauthorized exercise of those rights constitutes infringement. However, in the modern era, courts are increasingly required to interpret these rights in the context of digital platforms, streaming services, and AI technologies.

What Constitutes Infringement

Copyright law confers upon the owner a bundle of exclusive rights in respect of reproduction and related acts. If any of these acts are carried out by a person other than the owner without licence, it constitutes infringement.

• Unauthorized reproduction of copyrighted work
• Use without licence by a third party
• Exercise of exclusive rights by non-owners

This principle has been reaffirmed in the digital context by the Delhi High Court in Warner Bros. Entertainment Inc. v. Rogue Websites (2026), where unauthorized online streaming and hosting of copyrighted content was held to be a clear infringement, even when done through constantly shifting mirror websites. The Court observed that piracy has become “hydra-headed”, thereby necessitating flexible remedies such as dynamic injunctions.

However, since copyright is granted only for a limited duration, there is no infringement once the work enters the public domain, as reaffirmed in the Delhi High Court (2025) decision concerning pre-1965 sound recordings, where claims were rejected due to expiry of copyright protection.

Statutory Definition of Infringement (Section 51)

A) Unauthorized Exercise Of Rights

A person without licence:

• Exercises exclusive rights of the owner; or
• Permits a place or platform to be used for infringing communication for profit

This provision has acquired new significance in the digital age. In Star India Pvt. Ltd. v. Unauthorised Streaming Platforms (2025), the Delhi High Court held that allowing platforms to stream copyrighted sports content without authorization amounts to infringement under Section 51, even when done through third-party digital infrastructure.

B) Dealing In Infringing Copies

Includes:

• Sale or hire of infringing copies
• Distribution affecting owner’s rights
• Public exhibition
• Importation of infringing copies

Type Of Activity	Modern Application
Sale/Hire	Online resale or digital downloads
Distribution	Streaming platforms and OTT services
Public Exhibition	Online public viewing or sharing
Importation	Cross-border digital content transfer

These acts now extend to online marketplaces and digital distribution ecosystems, as seen in Saregama India Ltd. v. Movie World Visual Media (2024), where unauthorized digital exploitation of music content was restrained.

Nature Of Exclusive Rights And Their Modern Interpretation

The exclusive rights depend on the nature of the work.

A) Literary, Dramatic, Musical Works

Includes:

• Reproduction (including digital copies)
• Electronic storage
• Communication to the public

In the modern context, “communication to the public” has been interpreted broadly. Courts have consistently held that OTT streaming and internet uploads fall squarely within this right, as reaffirmed in Warner Bros. (2026).

B) Computer Programmes

Rights include:

• Sale, licensing, and commercial distribution

With the rise of AI, this category has gained prominence. In ANI Media Pvt. Ltd. v. OpenAI (2024–2025, pending), the Delhi High Court is examining whether the use of copyrighted content for AI training constitutes infringement—raising fundamental questions about reproduction in the digital age.

C) Artistic Works

Includes:

• Reproduction in any form
• Inclusion in films
• Adaptations

In Rahul Mishra v. John Doe (2024–2025) and Gaurav Gupta v. Counterfeit Sellers (2025), the Delhi High Court held that copying fashion designs and selling them online amounts to infringement, even where minor variations are introduced.

D) Cinematograph Films

Includes:

• Copying
• Distribution
• Commercial exploitation

Courts have repeatedly held that unauthorized streaming or sharing of films on digital platforms constitutes infringement, forming the basis for dynamic injunctions.

E) Sound Recordings

Includes:

• Reproduction
• Commercial distribution
• Public communication

However, where copyright has expired, no infringement lies—as clarified in the pre-1965 sound recordings case (Delhi HC, 2025).

Substantial Part Doctrine

Copyright is infringed if a substantial part of the work is reproduced.

Modern courts emphasise quality over quantity. Even small portions may amount to infringement if they capture the essence of the work.

This Principle Is Central to Disputes Involving:

• Film adaptations
• Music sampling
• AI-generated outputs

The pending ANI v. OpenAI litigation is expected to further refine how “substantial part” applies in the context of machine learning.

What Copyright Protects

Copyright protects the skill, labour, and judgment of the author.

This principle continues to guide courts. In Anil Kapoor v. Simply Life India (2024) and Pawan Kalyan v. Unauthorized Merchandisers (2026), the Delhi High Court extended protection to personality attributes such as voice, image, and likeness, recognising that unauthorized commercial exploitation of such elements may amount to rights violation akin to copyright infringement.

Independent Creation Vs Copying

A person may create a similar work independently using common sources.

However, if the person appropriates the labour of another, it amounts to infringement.

This Distinction Was Classically Illustrated In:

• Harman Pictures v. Osborne

And Continues To Apply Today In Modern Contexts Such As:

• Scriptwriting
• Digital content creation
• AI-generated works

Fair Dealing (Section 52) – Modern Expansion

Section 52 provides exceptions such as:

• Private use
• Research
• Criticism
• Reporting current events

In recent years, courts have shown flexibility, particularly in:

• Educational use in digital environments
• Limited online dissemination for academic purposes

However, large-scale unauthorized digital distribution (e.g., piracy platforms) does not qualify, as seen in Sci-Hub blocking orders (Delhi HC, 2025), where the Court directed blocking of infringing academic repositories.

Intermediary Liability And Platform Responsibility

Aspect	Position
Safe Harbour	Platforms enjoy safe harbour under IT law
Obligation	Must act upon takedown notices
Non-Compliance	Failure to act may result in liability

With the rise of digital platforms, courts have balanced copyright enforcement with intermediary protection.

Failure to act may result in liability, as reflected in multiple Delhi High Court rulings involving piracy and streaming platforms.

Evidentiary Standards In Infringement Cases

Courts require:

• Prima facie case
• Balance of convenience
• Irreparable harm

In the Pocket FM Case (2025), the Delhi High Court refused an injunction due to insufficient evidence, reinforcing that mere allegations are not enough.

Procedural Safeguards

In a Delhi High Court ruling (2026), the Court emphasised fairness in copyright enforcement and set aside procedural irregularities in execution proceedings, highlighting that due process remains central even in strong infringement cases.

Conclusion

While the statutory framework of copyright infringement remains largely unchanged, its judicial application has evolved dramatically.

Indian Courts Today:

• Recognise digital and streaming-based infringement
• Use dynamic injunctions to combat piracy
• Are beginning to address AI-related copyright challenges
• Extend protection to new forms of creative expression and personality rights

The Enduring Principle Remains:

No person is entitled to appropriate the skill, labour, and judgment of another without authorization.

Yet, in the digital era, identifying such appropriation requires a far more nuanced and technologically informed legal approach.

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