India-EU FTA Copyright Provisions May Force Changes to Domestic Law

Draft copyright provisions in the proposed India-EU free trade agreement could compel changes to India's Copyright Act and erode exceptions currently available to students, archivists and internet service providers, according to an assessment of the negotiating text.

The provisions, as they stand, may narrow the room India has carved out for educational and archival use of copyrighted material, as well as the safe-harbour protections that shield internet intermediaries from liability for user content.

Negotiators have been urged to press for the restoration of the WIPO Copyright Treaty within the National Treatment clause of the agreement. Retaining that reference is seen as important for keeping India's obligations consistent with the multilateral framework it has already signed on to.

A related concern is the need to preserve the country's digital copyright flexibilities — the discretionary space that allows domestic law to balance the interests of rights holders against access for users, researchers and platforms.

Any dilution of these carve-outs would have direct consequences for how students, archives and online intermediaries operate, and could require Parliament to reopen the Copyright Act to bring it in line with the treaty's commitments.

The outcome of the negotiations will determine whether India retains its existing balance between copyright enforcement and public access, or accepts tighter obligations sought by the EU.