2023-12-31 14:38:05
Would training AI on protected content constitute a violation of intellectual property rights? In the absence of case law, the question remains open, explains Nathalie Smuha, researcher at KU Leuven in technology law and ethics.
“Normally, there is an offense when we reproduce verbatim something that has been written. There is, however, an exception, which in American law is called “fair use”. A judge will have to look into the matter to determine whether artificial intelligence training falls under this fair use.” specifies the researcher.
To do this, it will be necessary to define whether the AI tools only reproduce exactly the books or articles on which they were trained, or whether they produce new works. “To qualify under fair use, these new works must also not harm the commercial market for the originals.” adds Nathalie Smuha.
This is precisely the argument put forward by the New York Times, analyzes the researcher at KU Leuven: “In the case of the New York Times, the American daily claims that ChatGPT reproduces the articles of its journalists and that this harms its commercial market. People could simply view the New York Times information by querying ChatGPT instead of going to their own site.“
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