Wednesday, January 18, 2023

AI Trained on Copyrighted Works: When Is It Fair Use?; Lexology, January 16, 2023

Diana Bikbaeva - Diana Bikbaeva, Lexology; AI Trained on Copyrighted Works: When Is It Fair Use?

"We recently published an article that got much traction about whether machine learning on copyrighted materials is fair use. We now offer a deep analysis with new ideas and suggestions on legal risk mitigation and principles for more ethical AI systems.

AI is still a relatively new, although rapidly evolving technology, and some of its legal implications (especially in copyright law) remain a gray area, creating uncertainty on its use and development.

AI and machine learning technology are not one-size-fits-all and have diverse structures and algorithms specific to the tasks they are programmed to solve. So, any discussion of the legal implications of machine learning and resulting artificial intelligence needs to avoid sweeping conclusions on the technology in general and should consider the underlying technology and its treatment of copyrighted materials on a case-by-case basis."

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