---
title: "Delhi High Court Examines Copyright Protection in AI-Generated Song Dispute"
date: 2026-04-17
author: "King Stubb &amp; Kasiva"
url: https://ksandk.com/newsletter/ai-copyright-india/
---

# Delhi High Court Examines Copyright Protection in AI-Generated Song Dispute

Posted On - 17 April, 2026 • By - King Stubb & Kasiva

## Summary

In a significant development at the intersection of artificial intelligence and copyright law, the **Delhi High Court** in *Tarun Chaudhary & Anr vs. Kuldeep Meena & Ors.*1 addressed the complex question of whether copyright can subsist in a song generated using an AI tool.

The Court refrained from granting interim relief and highlighted the uncertainty surrounding authorship and ownership of AI-generated works under the Copyright Act, 1957.

Recognizing the novelty of the issue, the Court impleaded the **Registrar of Copyright** to assist in determining whether such works are capable of copyright protection under existing law.

## Facts of the Case

The plaintiffs claimed ownership over a song titled **“Teri Yaadon Ki Chadar Odhe”**, asserting that the rights were acquired through a purchase agreement from the original creator.

However, it was admitted in the plaint that the musical composition of the song was generated using an AI tool known as **SUNO AI**, with only the lyrics being human-authored.

### Reliefs Sought by the Plaintiffs

The plaintiffs sought multiple reliefs, including:

- Permanent injunction against infringement
- Removal of the song from platforms
- Disclosure of revenues
- Damages amounting to **₹2.5 crore**

### Defendants’ Argument

The defendants challenged the maintainability of the suit, arguing that **no copyright could subsist in AI-generated music**, particularly when the AI tool itself disclaimed any ownership or warranty over generated outputs.

## Issues Before the Court

Whether **copyright can subsist** in a song generated using an AI tool, and whether the plaintiff can claim ownership over such a work under the existing framework of the Copyright Act, 1957.

## Findings of the Court

The Court undertook a preliminary examination of the statutory framework, particularly **Sections 2(d), 13, and 14 of the Copyright Act, 1957**.

While Section 2(d) recognizes the “author” of a computer-generated work as the person who causes the work to be created, the Court noted that the present case raises a deeper question regarding the extent of **human involvement** required.

### Key Observations

The Court observed that:

- The plaintiffs failed to clearly establish the nature and extent of copyright claimed, especially in relation to the **AI-generated musical composition**.
- The claim was not limited to the lyrics (which could qualify as a literary work), but extended to the entire song, including the AI-generated music.
- The terms of service of the AI tool indicated that **no copyright ownership or warranty** was guaranteed over generated outputs.

### International Jurisprudence

The Court also took note of international jurisprudence, including the decision in *Stephen Thaler vs. Shira Perlmutter* (US Case), which emphasized the requirement of **human authorship** for copyright protection.

Given these uncertainties, the Court found itself confronted with a *“piquant situation”* regarding the applicability of copyright law to AI-generated works.

## Held

The Court declined to grant an *ex-parte ad-interim injunction*, holding that it could not be **prima facie satisfied** about the plaintiff’s copyright in the AI-generated song.

To address the legal ambiguity, the Court impleaded the **Registrar of Copyright** as a necessary party and directed further proceedings to determine whether such works are entitled to copyright protection under Indian law.

## Conclusion

This order marks an important step in the evolving discourse on **AI and intellectual property** in India. By refusing interim relief and seeking institutional clarity, the Delhi High Court has underscored the inadequacy of existing legal frameworks in addressing AI-generated content.

The case highlights the pressing need for **legislative and judicial clarity** on issues of authorship, ownership, and originality in the age of artificial intelligence. It also signals judicial caution in extending traditional copyright protections to technologically generated works without clear statutory backing.

---

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