Legal experts warn of increasing IP infringement as AI and digital platforms proliferate

These rights are being infringed upon in new and sophisticated ways, particularly in the case of older, iconic films through unauthorised use in derivative works, stage plays, YouTube series, or even web content that tries to bank on the popularity of the original. The emergence of social media has led to a surge in clipped movie scenes, fan edits, dubbed Reels, and remixed dialogues, often circulated for ad revenue or to boost influencer engagement.

Legal experts say these practices frequently border on or cross into infringement, especially when the content is monetised. As AI technologies make unauthorised use more rampant and accessible, filmmakers who may have earlier relied on reputation or informal industry norms to protect their work are now formally enforcing their rights through innovative legal means.

Last month, the Delhi High Court restrained over 30 individuals and entities from “reproducing, using, or commercially exploiting content related to the film (Andaz Apna Apna) without permission.” Vinay Pictures, represented by Shanti Vinaykumar Sinha, the legal heir of the film’s late producer, Vinay Sinha, filed the lawsuit.

“Popular films from the past are often commercially exploited without authorisation. Iconic dialogues are printed on merchandise, clips are used in YouTube compilations and social media Reels, and songs are reused in digital content without proper licensing,” Aishwarya Kaushiq, partner, disputes practice, BTG Advaya, said.

Securing sequels, remakes

In some cases, creators produce remakes, sequels, or adaptations—both online and offline—without acquiring rights. AI tools are increasingly used to recreate well-known characters or scenes, and mobile games often incorporate elements that resemble those from classic films, all of which infringe on the original IP, she added.

On the monetisation aspect, the apparent objective here is to capitalise on the nostalgia and enduring popularity of these films. By leveraging recognisable characters, quotes, or visuals, infringers aim to drive engagement, boost product sales, or increase views—without sharing revenue with the rightful IP holders.

Gaurav Sahay, founder partner, Arthashastra Legal pointed out that AI has further complicated this by enabling the recreation of actors’ faces, voices, and iconic scenes, which can then be used in spoof videos, tribute content, or even digital advertising, all without needing any actual footage or consent from the rights holders.

“AI tools can produce content that closely mimics or even recreates the original work, often without needing access to the actual source files, with startling accuracy. The low barrier to entry has democratised creativity, but it has also opened the floodgates to infringement,” Sahay said.

He added that such content spreads rapidly across digital platforms, from YouTube to Instagram, generating views, engagement, and even revenue for creators who have not contributed to the original work. In many cases, viewers may not even realise that what they are watching is AI-generated, blurring the line between original creation and synthetic imitation. AI has accelerated and anonymised the infringement process. It has empowered a new class of content creators who may not fully understand or respect IP boundaries.

Enforcing rights

“The use of Gen AI for infringing copyright is a significant legal issue and will only grow with time. It is being used to duplicate film characters and music by amateurs as well as increasingly by businesses in the context of product or business endorsements on social media. This is seen generally in moment marketing campaigns conducted by many brands despite the legal risk associated with such unlicensed or unauthorised use,” Ameet Datta, founder and managing counsel, ADP Law Offices, said.

To be sure, filmmakers who may have earlier relied on reputation or informal industry norms to protect their work are now formally enforcing their rights. Sahay said proactive IP audits are conducted to identify and consolidate ownership over various elements of films to ensure they have a legally enforceable foundation in place.

Where a single viral clip or AI-generated parody can damage or dilute a brand, filmmakers are recognising the need to future-proof their IP through vigilant legal oversight, contracts that reflect modern realities, and timely enforcement when their rights are breached. Filmmakers are now assigning digital rights for their past works or negotiating new licensing deals with OTT platforms and music streaming services, ensuring they maintain control over how their content is distributed and reused.

Changing clauses

Many are now amending clauses in their existing contracts that account for newer forms of exploitation, including AI-generated adaptations, derivative content, or non-fungible token (NFT) usage. There is also an emphasis on digital watermarking and blockchain-based copyright tracking, which allows filmmakers to prove ownership in cases of online infringement.

“We’re seeing a clear shift in how filmmakers, including veterans, are approaching IP protection. Many are now taking proactive legal steps to not just seek registration of their IP but also seek enforcement of copyright, trademarks, and moral rights,” Essenese Obhan, managing partner, Obhan & Associates, said.

“Legal teams are also being engaged for continuous monitoring, takedown requests, and litigation wherever needed,” Obhan said, adding that the recent interim stay in theAndaz Apna Apnacase signals an encouraging trend of courts recognising and enforcing these rights, despite the complexities introduced by new technologies.