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By:

Naresh Kamath

5 November 2024 at 5:30:38 am

Indian Tourists Need a Reputation Reset

India has long taken pride in the philosophy of ‘Atithi Devo Bhava’ - the belief that guests deserve warmth, respect and dignity. It is an idea deeply woven into the country’s cultural imagination, often been projected as a defining Indian value. As millions of Indians travel overseas every year, the conduct of a small but highly visible section of Indian tourists is increasingly shaping how India itself is perceived abroad. The issue is not about a single incident or a handful of viral...

Indian Tourists Need a Reputation Reset

India has long taken pride in the philosophy of ‘Atithi Devo Bhava’ - the belief that guests deserve warmth, respect and dignity. It is an idea deeply woven into the country’s cultural imagination, often been projected as a defining Indian value. As millions of Indians travel overseas every year, the conduct of a small but highly visible section of Indian tourists is increasingly shaping how India itself is perceived abroad. The issue is not about a single incident or a handful of viral videos but a pattern that is drawing notice from hotels, tourism operators and local authorities across the world. The debate gained fresh momentum after reports emerged of a Swiss hotel issuing a notice specifically addressed to Indian guests. The advisory reportedly requested guests not to pack food from breakfast buffets for later consumption and reminded them to maintain silence in corridors and balconies. Hotels routinely issue guidelines. But when a particular nationality becomes the subject of a specific advisory, it inevitably raises larger questions about perception. “It is a sorry state of affairs. Indians, especially in groups, are displaying atrocious behaviour. This was anyway bound to happen,” says Subhash Motwani, founder of Namaste Tourism. Embarrassing Incidents Whether the notice was justified is another separate matter. The question is why such perceptions are emerging in the first place. Recent months have seen several incidents involving Indian tourists gain traction on social media. One widely circulated video showed travellers performing garba on an airport tarmac in Vietnam. Garba is among India’s most vibrant cultural traditions and a source of immense pride for millions. Yet airports are highly regulated spaces where safety protocols and discipline take precedence over celebration. The incident became symbolic of a larger problem. The rise of social media has encouraged some travellers to treat foreign destinations as stages for content creation. Public dancing, loud celebrations, disruptive behaviour and attention-seeking stunts may generate views and engagement online, but they can also leave lasting impressions on locals and fellow tourists. India is hardly the first country to confront such a challenge. During the 1950s and 1960s, American tourists acquired a reputation for arrogance abroad, giving rise to the phrase “Ugly American.” Britain spent decades dealing with the international embarrassment caused by football hooliganism. China faced similar concerns as outbound tourism surged during the early years of the twenty-first century. A nation’s image is shaped not just by its economic achievements and diplomatic influence but also by the behaviour of its citizens overseas. India today finds itself in a similar situation. Indian tourists are now among the most visible traveller groups across Europe, Southeast Asia and the Middle East. This is, in many ways, a remarkable success story. However, with visibility comes responsibility. Hospitality professionals across destinations frequently point to recurring concerns. Excessive noise, queue-jumping, disregard for local regulations, overcrowding hotel rooms and attempts to bypass established rules through jugaad are among the complaints often cited. Collectively, repeated experiences can create lasting perceptions. The most revealing aspect of the debate is that Indian travellers often display exemplary discipline in countries known for strict law enforcement. In destinations such as Singapore, the UAE, Qatar and Saudi Arabia, compliance with rules is generally high. Complaints tend to emerge more frequently in places perceived as relaxed or lenient. That suggests the challenge is not one of awareness. Most travellers understand the rules perfectly well. The problem is often a mindset that rules can be negotiated when consequences appear unlikely. Changing that mindset is far more important than introducing additional regulations or issuing fresh advisories. Every interaction at an airport, hotel, restaurant, tourist attraction or public transport system contributes to how a country is viewed. These everyday encounters often shape perceptions more powerfully than government campaigns or tourism advertisements. As India stakes its claim to a larger role in the world, its citizens must recognise that national prestige is shaped not only by economic achievements and diplomatic successes, but also by everyday behaviour abroad. The overwhelming majority of Indian tourists travel responsibly and leave behind positive impressions. Their conduct rarely becomes news because courtesy seldom goes viral. Yet a handful of highly visible incidents can overshadow thousands of positive experiences. The challenge is to encourage responsible travel and a greater awareness that behaviour abroad carries consequences beyond the individual. The conduct of Indian citizens overseas should reflect the confidence and values of a nation seeking not merely recognition but enduring respect. (The writer is a senior journalist based in Mumbai. Views personal.)

Ghibli vs Generative AI: A Battle for the Soul of Art

As Studio Ghibli’s iconic style gets swept into the AI age, a storm brews over copyright, consent, and the soul of art.

Ghibli-inspired art has taken the internet by storm in recent weeks, especially the social media, where netizens are posting pictures converted into Ghibli Style images by Artificial Intelligence (AI). While the people seem to thoroughly enjoy the new feature of OpenAI, it has opened the doors for several debates, especially in the legal fraternity. It raises several questions regarding privacy, ethical concerns and most importantly about copyright infringement. The founder of Studio Ghibli, Artist Hayao Miyazaki himself expressed his displeasure over the Ghibli styles images of people doing circles on social media, calling the art generated by AI “an insult to life itself”.


The issue began with OpenAI launching GPT-4o which enabled users to upload pictures and turn those into unique high-quality images resembling distinct artistic styles of Studio Ghibli. While this brings out warm nostalgia and excitement, it has also brought to the forefront significant concerns about the legal limits of AI-generated art.


Studio Ghibli has a very unique style of art and an extraordinary way of connecting with people. It’s not just visually stunning, but also deeply emotional. With its detailed hand-drawn animation, it brings both magical moments and everyday life to the screen with equal care and attention. The soft, warm colours add a sense of comfort and nostalgia, making the scenes feel timeless. What truly makes Ghibli special is how effortlessly it blends fantasy into ordinary life. It’s this warmth and authenticity that makes the art feel not just beautiful, but truly human. The animations are carried out by skilled animators and therefore the replication of this style of art has become controversial in the recent times.


A key question is whether Studio Ghibli’s art style can be protected under copyright law. International frameworks like the Berne Convention and TRIPS safeguard only the expression of ideas, not the ideas themselves. Artistic styles, such as Ghibli’s distinctive aesthetics, are typically deemed unprotectable ideas; only specific characters and images qualify for copyright. Granting exclusive rights over a visual style risks stifling creative freedom. OpenAI argues that it uses only publicly available ideas to render images in a Ghibli-like manner. Yet courts apply various tests such as ‘substantial similarity’ and ‘look and feel’ to assess whether imitation crosses into infringement.


Courts often use the ‘look and feel’ and ‘substantial similarity’ tests to determine copyright infringement. The former asks whether an average observer finds the overall impression of two works strikingly similar, while the latter examines whether protectable elements like unique expression or structure have been unfairly echoed in the new work.


Though OpenAI’s outputs may resemble Studio Ghibli’s aesthetic, legal protection applies only to concrete, original expressions, not abstract artistic styles. Courts typically filter out unprotectable elements before applying these tests, making it difficult for Studio Ghibli to argue that its art style, however distinctive, qualifies as a protectable expression rather than a mere idea.


A derivative work, generally is one that is based on, adapted from, or recast of an existing copyrighted work. Under the Indian law, it is considered as an adaptation which is also a subject matter of copyright protection. Therefore, if an AI creates an image that looks a lot like something from Studio Ghibli and especially if that image was generated using copyrighted material as part of its training data without permission, it could be considered an unauthorized derivative work amounting to copyright infringement. Interestingly, if AI is simply inspired by a general artistic style, without copying specific characters, scenes, or unique design elements, it might not qualify as infringement. The debate again boils down to the question of whether the ‘art form’ in itself could be considered as an expression or a mere idea, which will determine its copyrightability.


A critical point of contention is whether using copyrighted material to train AI qualifies as fair use. Proponents argue that AI transforms ideas into new expressions based on user prompts, akin to how original works build on public knowledge. Critics, however, contend that even storing such material for training infringes copyright, as this right rests solely with the creator. In India, the stricter doctrine of ‘fair dealing’ further complicates the issue, raising doubts over whether AI training practices can be legally justified under existing frameworks.

As users upload personal photos to generate Ghibli-style images via AI platforms, concerns have mounted over whether such data is quietly repurposed for model training, raising red flags over privacy and potential misuse. If reused, AI could inadvertently replicate individuals’ likenesses in new artworks, blurring the line between consent and exploitation. Studio Ghibli’s co-founder, Hayao Miyazaki, once called AI animation “an insult to life itself” - a sentiment echoed by traditional artists who fear that hand-drawn craft, rich in emotion and cultural depth, is being undermined. Though not strictly a question of intellectual property, the ethical implications are profound.


The rise of AI-generated art in the style of Studio Ghibli has ignited complex debates around originality, authorship, and copyright. While such technology challenges existing frameworks, it also forces a re-evaluation of transformation, fair use and inspiration in the digital age. Striking a balance between protecting artists and fostering innovation is crucial. To safeguard creativity and progress, clear legal and ethical guidelines must follow to ensure that the future of art remains rich, respectful and imaginative.


(Dr. Sajid Sheikh is Assistant Professor (Law) and Ms. K. Ankita Rao is Research Assistant, DPIIT IPR Chair. Both are at the Maharashtra National Law University, Mumbai. Views personal.)

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