Copyright rules could derail the technology of generative AI, writes copyright law expert John Eden.
? Are the existing rules robust enough to both protect individual entrepreneurs' rights while also supporting large-scale innovation? In both of these cases, copyright law may not provide human creators with the protection they want or need.US copyright law allows an entity or an individual to protect tangible, original works — everything from music to film, from painting to sculpture, from photographs to works of literature, from software code to websites. specific way
This is precisely why AI training models pose a difficult challenge. While we know that copyright owners cannot sue people for merely consuming or learning from their work, they do have powerful tools to prevent third parties from distributing their works without their authorization. If AI platforms like OpenAI's GPT-3, the backbone of, were to copy and then directly distribute copyrighted works, then they would be held liable for copyright infringement.
On the other hand, Congress has an obligation to ensure that AI companies in the US are competitive with their international counterparts, and that requires providing these companies with a clear picture of how copyright law will treat their cutting-edge AI platforms. , put forth by Mark Lemley and Bryan Casey, which would allow AI companies to ingest and analyze large data sets even if the contents are copyright-protected.
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