"Artificial Intelligence (AI) is global, and copyright laws are national. Thus, some countries will have strict laws on making copies of copyrighted content to "train" an AI system while others will be more relaxed. Laws are about economics, and countries with more relaxed laws are likely to be countries with smaller creative industries and which wish to use the relaxed legal regime to attract AI investment."
"AI companies will use these jurisdictional differences as leverage to lobby for the relaxation of legal standards in countries with stricter laws. For example, Open AI's submission in a U.S. AI and Copyright Consultation stated the following: "Copyright Barriers to training AI systems ... would have disastrous consequences." And: "...could jeopardize the technology's social value, or [could] drive innovation to a foreign jurisdiction with relaxed copyright constraints.""
Artificial Intelligence is global while copyright laws remain national, creating legal divergence where some countries permit unlicensed copying for AI training and others restrict it. Countries with smaller creative industries may adopt relaxed regimes to attract AI investment. AI companies can leverage jurisdictional differences to lobby for looser standards in stricter countries, warning of lost social value and relocation of innovation. Offshoring training raises questions whether relocating operations avoids copyright liability, whether users or insurers can rely on a system's stated foreign origin, and whether permissive jurisdictions meaningfully reduce enforcement risk. Conflict-of-law rules complicate applicable-law determinations across borders.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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