Digital Piracy in the Era of Artificial Intelligence and Challenges to Copyright Governance in India: An Analytical Study of the Entertainment Sector

Abstract

The rapid expansion of digital platforms has fundamentally reshaped the entertainment industry in India, accompanied by a significant rise in digital piracy. The emergence of Artificial Intelligence (AI)-enabled technologies has further intensified this issue by enabling swift and automated duplication, modification, and large-scale dissemination of protected content. This development poses serious challenges to traditional copyright enforcement mechanisms, which were not designed to operate within an AI-driven digital ecosystem. Despite the presence of a comprehensive copyright framework in India, digital piracy continues to persist, raising concerns about the effectiveness of existing copyright governance. The rise of AI-driven piracy, combined with the role of online intermediaries and the cross-border flow of digital content, exposes critical gaps in enforcement strategies and regulatory frameworks. This study adopts a doctrinal research methodology, analysing relevant provisions of the Copyright Act, 1957 and the Information Technology Act, 2000, along with applicable case laws and regulatory mechanisms governing digital intermediaries and online platforms. It argues that digital piracy in the AI era is not merely a technological concern but reflects deeper governance challenges within India’s copyright regime. AI-driven automation amplifies the scale, speed, and anonymity of infringement, while enforcement mechanisms and intermediary liability frameworks remain largely reactive. Consequently, the current legal framework struggles to balance technological innovation, platform accountability, and the protection of creative rights. The paper concludes that there is an urgent need to re-evaluate copyright governance in India, emphasising stronger intermediary accountability, clearer regulatory obligations, and adaptive legal strategies to effectively combat digital piracy while accommodating ongoing technological advancements in the entertainment sector.

This paper argues that Indian copyright law, designed for human-scale infringement, is structurally incapable of addressing AI-enabled digital piracy, necessitating a shift towards platform-centric liability and regulatory oversight.