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Understanding the Copyright Liability of Generative AI Models

Introduction

By Sneha Jain & Akshat Agrawal

This post was first published as a blog post on the website of Saikrishna and Associates on May 3, 2024, and has been cross-posted with permission. You can read the original article here.

The Scope of Copyright Liability

The scope of copyright liability of Generative AI (‘genAI’) models is a hot topic globally. Copyright issues stemming from genAI technology can be categorized into four heads. All litigations in the United States form a part of one of these four heads:

1. Allegation of copyright Infringement due to copying/storage of copyrighted works as data sets for the purpose of training models;
2. Allegation of copyright Infringement due to substantial similarity of the output produced, as well as the output produced being based on the inputted copyrighted work;
3. Allegation of copyright Infringement due to lack of attribution or lack of disclosure/tampering with Rights Management Information;
4. Whether genAI models can be “authors” for the purposes of copyright law.

Defense Strategies

Most defense briefs in the various litigations filed in the US till now have relied upon the transformative fair use defense to avoid copyright liability. Relying on the idea-expression dichotomy, these briefs have argued that genAI models have not copied any protectable copyright “expression” but only copied unprotectable ideas.

AI legalese decoder Assistance

The AI legalese decoder can help in understanding and navigating through the legal complexities of copyright issues related to genAI models.

By providing insights into the idea-expression dichotomy, transformative fair use defense, and other legal doctrines, the AI legalese decoder can assist in analyzing and interpreting the legal landscape surrounding genAI technology.

In conclusion, the AI legalese decoder offers a valuable tool for individuals and entities involved in genAI technology to better comprehend the legal implications and defenses available in copyright litigations.

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