Delhi High Court Denies Interim Injunction Against OpenAI In Copyright Infringement Case Against ANI

In a landmark ruling that settles significant uncertainty surrounding the deployment of generative artificial intelligence in India, the Delhi High Court has refused to grant an interim injunction against the United States-based technology firm OpenAI. The decision, delivered by Justice Amit Bansal on July 24, 2026, marks the conclusion of a high-stakes legal battle initiated by Asian News International (ANI) in November 2024. The court’s order addresses whether the unauthorized usage of copyrighted news reports for training Large Language Models (LLMs) constitutes an infringement of intellectual property rights, offering a clear interpretation of the "fair dealing" exception within the digital age.

Background and Genesis of the Dispute

The lawsuit, the first of its kind initiated by an Indian media organization, challenged the practice of using news content to train artificial intelligence systems. ANI contended that its copyrighted reports were being utilized by OpenAI to fuel the commercial operations of its chatbot, ChatGPT, without authorization or compensation. The plaintiff further alleged that the AI-powered model frequently generated responses that either plagiarized original reports verbatim or created "hallucinated" news, falsely attributing content to the agency, thereby damaging its professional reputation and contributing to the spread of misinformation.

OpenAI countered these allegations by asserting that its machine learning processes are transformative in nature and that copyright laws do not extend to the raw facts contained in news reports. Crucially, the technology firm argued that publishers retain the ability to "opt-out" of training datasets by modifying their website metadata—a mechanism that ANI has since implemented.

The Court’s Rationale on Jurisdictional Reach

Before arriving at a decision on the merits, the Delhi High Court addressed a threshold challenge concerning territorial jurisdiction. OpenAI had argued that because its AI models were architected, trained, and hosted on servers located exclusively in the United States, the Indian court lacked the authority to oversee the dispute. Justice Bansal unequivocally rejected this contention, reaffirming that the court possesses the territorial jurisdiction to entertain the suit, given the accessibility and impact of the technology within the Indian market.

Establishing the Fair Dealing Exception

The core of the judgment rests on the application of Section 52(1)(a) of the Copyright Act, 1957. The court held that the storage and processing of literary works by OpenAI to facilitate the training of its LLMs falls under the "fair dealing" exception, provided the use remains non-expressive.

Justice Bansal observed, " OpenAI ’s act of storing ANI ’s original literary works for training its LLMs amounts to a non- expressive and transformative use, which is prima facie protected under Section 52(1)(a) of the Copyright Act and consequently does not constitute infringement under Section 51 of the Act ."

The bench emphasized the distinction between the "expressive" use of creative content—which might attract copyright liability—and the "non-expressive" use in machine learning, where the model extracts patterns and data structures rather than the literal expression of the work itself.

Analysis of Retrieval-Augmented Generation (RAG)

A significant component of the legal challenge involved the use of Retrieval-Augmented Generation (RAG) to provide real-time responses to user queries. The court closely inspected whether these responses infringed upon ANI's copyright. It found that the outputs were not "substantially similar" to the original works published by the media outlet.

According to the order, " ANI has failed to satisfy this Court that any memorisation or regurgitation of ANI 's copyrighted literary works has happened to the responses generated by ChatGPT." By failing to prove that the chatbot provided verbatim copies of protected news reports, the plaintiff could not establish a prima facie case of infringement regarding the model’s outputs.

Wider Implications and Amici Curiae Contributions

Recognizing the technical complexity of this sector, the court appointed Advocate Adarsh Ramanujan and Professor Dr. Arul George Scaria of the National Law School of India University as amici curiae . Their contributions provided the court with a nuanced view of the intersection between copyright policy and machine learning. Dr. Scaria’s submissions regarding the necessity of distinguishing between expressive and non-expressive uses proved pivotal to the court’s decision-making process.

The proceedings drew extensive participation from other stakeholders in the industry, including the Digital News Publishers Association, the Federation of Indian Publishers, and the Indian Music Industry. These organizations had filed intervention applications, expressing valid concerns regarding the unremunerated use of news reports, music, and academic literature for the training of proprietary AI models.

Preserving Public Interest and Innovation

In the final assessment, the court applied the "triple test" for granting an interim injunction: the existence of a prima facie case, the balance of convenience, and the potential for irreparable injury. The bench concluded that ANI failed to satisfy these criteria.

The court explicitly noted that the public interest outweighed the potential for temporary loss of exclusive control claimed by the plaintiff. It observed that restraining a technological entity like OpenAI at this stage would cause "irreparable injury" not only to the defendant but to the broader public, by effectively curtailing progress in artificial intelligence and limiting access to innovative tools that have become integral to the modern digital infrastructure.

Perspectives for the Future of Legal Practice

This interim order serves as a vital precedent for legal professionals navigating the intersection of technology and intellectual property. By signaling that courts are likely to perceive AI training as "transformative," the Delhi High Court has established a high bar for media organizations seeking to challenge AI developers on copyright grounds. Legal practitioners must now pivot toward strategies involving technological verification—such as evidencing actual "memorisation" or "regurgitation"—rather than relying solely on the fact of data ingestion. As AI continues to evolve, the distinction between functional training and verbatim reproduction of "expressive content" will likely remain the focal point of future litigation in this rapidly shifting landscape.