The Question of AI and Copyright Infringement is Actually an Easy One

""There is no benefit solely from reading or observing content. Thus, training input cannot be copyright infringement." Much of the focus on generative artificial intelligence (GenAI) has been on training data ingestion-the moment when AI "steals" from creators. But legally, that's not where the real fight should be. Decades of legal precedent-from search engines to image?scanning to streaming media-already give us a roadmap. No new formulation of copyright law by Congress, as suggested by some academics, is necessary."

"The intent of copyright law is to promote the advancement of knowledge and the arts; the consumption of copyrighted materials by individuals or automated systems aligns with this purpose. Accessing such materials does not violate any of the exclusive rights of copyright holders: reproduction, creation of derivative works, distribution, public performance, or public display. There is no benefit solely from reading or observing content. Thus, training input cannot be copyright infringement."

"Some GenAI systems store training data for long periods of time while others store them for very short periods of time, just enough to map relationships between types of elements such as how words are generally assembled into sentences or how musical notes follow patterns. Whether storage comprises copyright infringement needs to be further examined with respect to whether the system uses short-term or long-term storage."

The most common way to obtain training data is by using publicly available sources. There have been cases where private data was accessed without permission, such as data behind a paywall that was not purchased, or where pirated data was used, but those cases raise problems beyond copyright infringement. The intent of copyright law is to promote the advancement of knowledge and the arts; the consumption of copyrighted materials by individuals or automated systems aligns with this purpose. Accessing such materials does not violate exclusive rights like reproduction or public performance. There is no benefit solely from reading or observing content, and thus training input cannot be copyright infringement. Some GenAI systems store training data for long periods while others store it only briefly to map relationships between elements like words or musical notes. Whether storage comprises copyright infringement needs further examination with respect to short-term versus long-term storage.

Read at IPWatchdog.com | Patents & Intellectual Property Law