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  • Antara Mandal
    • Jan 24
    • 6 min read

AI IN CULTURAL AND CREATIVE SECTORS IN INDIA

Anatara Mandal,

Christ University Delhi NCR

INTRODUCTION 

When it concerns artificial intelligence, inside as well as outside of the creative and cultural sectors, there are more questions than solutions for them.  In what ways are various stakeholders presently experimenting with tools and technologies driven by AI? What are the social, legal, and ethical ramifications of artificial intelligence in research, management, education, and cultural policy?

Artificial intelligence (AI) has a significant impact on education, research, management, and cultural policy. AI is changing the way we learn about and interact with culture, managing the cultural and creative sector in new ways, and altering cultural policy research in several ways. However, there are certain ethical concerns that AI poses to humans which can only be resolved through the implementation of effective regulations. It is also necessary that these regulations are introduced at the right place and right time as it can lead to a chilling effect on growth and innovation in the technology sector. 

India, today, is seen as a major global player in terms of technology. It is astonishing to see that a state with such a rich and diverse age-old custom is developing in modern technology without undergoing any changes in its cultural prospects. Since ancient times, India has been a creative force, ranging from performing arts such as theatre, film, dance, and music to lively architecture and handicraft industries. With the advancement of AI, these industries will be among the first to be impacted, with the main question being copyright and fair use.

The article delves into the impact that AI will have on the culture and creative sectors of India and also discusses the major concerns. It also highlights the significance of adequate legislation and rules for AI systems. 

Applications of AI in the Cultural and Creative Sectors 

AI is being applied in India's cultural and creative sectors with unprecedented creativity and cognitive ability, revolutionizing how we embrace, preserve, and develop art and cultural heritage. Music, art, writing, designs, and other kinds of creative expression are all being created by artificial intelligence algorithms.

  1. Artistic creation and exploration: AI has been successfully tested in the realms of visual arts, music, literature and poetry. AI is being used to generate paintings, sculptures and even 3D paintings. In 2015, Google researchers evaluated neural networks' ability to generate images on their own. The AI networks were then trained on a big database of diverse photographs. Nevertheless, it turned out that the machine had an odd interpretation of the universe when it was "asked" to depict something on its own.[i] There are AI companies like AIVA, Loudly and Ditto Music that are composing both modern music and Hindustani classical music. AI tools like ScriptBook help writers come up with ideas and generate tale elements, and platforms like "Rasa" investigate AI-powered poem generation, pushing the boundaries of literary expression.

  2. Cultural Preservation and Storytelling: Historical artefacts are brought to life in immersive AI-powered exhibits at several Indian museums, which also provide  interactive narratives and customised experiences.[ii] The restoration of historical images, film reels, and audio recordings of important cultural events is being done by AI algorithms, making these priceless artefacts accessible to new audiences and preserving them for future generations.

MAJOR CHALLENGES 

  1. AI and IPR: While there is much room for growth and improved efficacy with these technological advancements, they also bring up difficult legal issues including patentability, copyright ownership, design protection, and trademark infringement. AIgenerated content blurs the lines between authorship and ownership, challenging copyright regulations. The patentability of algorithmic and AI inventions is a critical issue. AI uncovering commercial secrets in massive databases raises concerns. The ownership and dissemination of AI model training data are challenging. AI improves IP infringement detection in enforcement. Integrating AI-driven innovation presents ethical and fair-use problems. The complex relationship between intellectual property and artificial intelligence necessitates a review of legal frameworks and standards in light of the current context. 

  2. Ethical Considerations: To guarantee that AI is applied inclusively and responsibly in the cultural sector, it is important to carefully evaluate AI bias, cultural appropriation, and transparency in algorithmic decision-making. There have been claims that AI responses are not accurate, which in a digitised manner we call AI hallucinations.[iii] With an emerging number of Big Tech companies introducing AI tools in their products, there is a threat to data privacy. It is not hidden that the primary objective of big tech companies is to make money and through this, a lot of ethical considerations are indeed infringed. Further, human dependency on AI increases the risk of loss of Human Autonomy to make decisions, compromises with the freedom to make decisions with the introduction of recommendation algorithms.[iv] 

NEED FOR REGULATIONS ON AI IN INDIA 

With mounting calls for new cultural policies, this is the right moment to reconsider creativity beyond the narrow economic framework. The need for regulations in respect of the growing internet traffic with AI tools is felt with every passing day. The booming AI sector mirrors the Indian government's aspirations. India acknowledges the paramount significance of AI and aims to carve out itself as a "global AI hub." India's leadership in the Global Partnership for AI (GPAI) embodies these global goals. However, assessing India's readiness requires taking into account elements such as infrastructure, legislation, and public discourse.

India is at a crucial point when it comes to AI regulation. Between being more circumspect and non-regulatory, the Indian government has alternated between putting a priority on minimising user harm. To promote a climate conducive to innovation and possibly position India as a leader in the world of AI-related technology, the Indian government said in April 2023 that it will not regulate AI. The Ministry of Electronics and Information Technology did, however, indicate that India would regulate AI under the Digital India Act[v] barely two months later.

On the other hand, the concerns surrounding AI—most notably job displacement and other unforeseen consequences—are the main points of contention for regulation of the technology. Particularly in a labour-intensive economy like India, it is critical to take AI-related job losses into account, according to a recent report from the Centre for Policy Research in India[vi]. The development of Embodied Artificial Intelligence is especially alarming since it may soon allow different kinds of robots to replace human labour, perhaps resulting in a large loss of jobs.

Concerns about potential data misuse come up when contemplating the unexpected consequences brought about by AI. Unlike the United States and the European Union, where rigorous data protection rules are enforced, India lacked extensive data protection laws until the Digital Personal Data Protection Act 2023.[vii] Nevertheless, the Digital Personal Data Protection Act is not without flaws, especially when it comes to handling new technology such as artificial intelligence. Because data protection is essential to the development of artificial intelligence, proponents are pushing for stronger regulatory protections. 

For India, the issue of how to govern AI is just as difficult as the question of whether to do so. The regulatory landscape is scattered globally, and ongoing debates exist inside India regarding which current regulatory framework to emulate and whether to adopt the EU's AI Act or the evolving U.S. AI legislation. None of them, though, appear to be the best fit for India.

Two considerations could make the current methods inappropriate for India. To begin with, India is not at the same stage of economic development as the United States and Europe. India ought to so place more emphasis on pinpointing particular adverse effects of AI and crafting focused legislation than it would on enacting an already-existing "all-encompassing" statute that can easily become antiquated.   

Furthermore, the cultural milieu of India is unique in comparison to other global locations. The importance of ensuring that AI policies are in line with India's cultural identity and values must therefore be emphasised. Indian lawmakers ought to study past legal systems that put morality and societal objectives first, as well as their own legal tradition.

CONCLUSION 

Many significant obstacles are revealed by examining India's existing AI regulatory situation. In regards to AI regulation, the Indian government has adopted a vacillating position. From being unregulated to being more circumspect, India's stance to AI legislation has changed. 

Subsequently, multiple ministries and committees in India are handling different facets of the fragmented regulatory landscape surrounding AI. Hence, a centralised and integrated approach is required. 

India's approach to AI policy must consider data protection and privacy concerns. However, until recently, India lacked data protection regulations. 

In conclusion, when developing AI rules, India should take its cultural identity and values into account. One way to do this is by referencing its past legal systems, which place a strong emphasis on morality and political objectives.

REFERENCES

[i] Anjali Raja K, Preserving cultural heritage using AI, IndiaAI November 21, 2022

https://indiaai.gov.in/ar cle/preserving-cultural-heritage-using-ai 

[ii] Vaishali Dar, Back to the future: Here’s how interac ve technology is bringing museums to life, Financial Express, June 25, 2023

[iii] Jonathan Vanian, Microso tries to jus fy A.I.‘s tendency to give wrong answers by saying they’re ‘usefully wrong’ CNBC March 16, 2023

https://www.cnbc.com/2023/03/16/microso -jus fies-ais-usefully-wronganswers.html 

[iv] Ethics in AI Seminar: AI, Ethics, and War, University of Oxford June 8, 2021

[v] Proposed Digital India Act, 2023, Ministry of Electronics and Informa on Technology

[vi] Annual Report (2020-21) Centre for Policy Research

[vii] Digital Personal Data Protection Act, 2023

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