Artificial Intelligence Tools and Copyright Infringement Issues During the Training Process

Duane Morris attorneys Jennifer LantzJeremy Elman and Max DiBaise authored the Bloomberg Law article, “Generative AI Training Case Flags Competition as Major Factor,” exploring what the Thomson Reuters v. Ross Intelligence decision’s novel application of the “fair use” defense of copyright law means for generative AI training.

Companies must be mindful of the ultimate purpose of new artificial intelligence tools to avoid running into copyright infringement issues during the training process. If widely adopted, the Thomson Reuters v. Ross Intelligence decision suggests “intermediate copying” cases are unlikely to provide a strong defense when the final output of a tool mirrors the products it was trained on. Accordingly, the key question is likely to what extent the AI system is competing with the underlying copyrighted work. The further away the system is, the more likely it is to be protected under the fair-use doctrine. Read the full article on the Bloomberg Law website.

Twitter Faces Copyright Infringement Allegations

Social media sites host many thousands of photos posted by people on a daily basis. An obvious issue arises as to whether and when these sites might be liable for copyright infringement with respect to any of the posted photos.

A recent case is worthy of consideration.

Kristen Pierson, a professional photographer who has won awards for her work, has filed legal action in California against Twitter, according to Wired, with respect to a copyrighted photo that was shared on Twitter.  Continue reading “Twitter Faces Copyright Infringement Allegations”

Second Circuit Addresses DMCA Safeharbor in Landmark Case

A new Second Circuit decision could change the way some service providers conduct business on the internet, imposing a greater burden to assess specific infringing activity.

In Viacom v. YouTube, Viacom sought $1 billion in damages for direct and secondary copyright infringement based on claims that its users improperly uploaded thousands of Viacom’s videos. The district previously held that YouTube was protected against claims of copyright infringement under the DMCA safe harbor primarily because it had insufficient notice of the particular infringement at issue. Essentially, it held that under the DMCA, service providers did not have a responsibility to identify which of its users’ postings infringed a copyright.

Continue reading “Second Circuit Addresses DMCA Safeharbor in Landmark Case”

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