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.

The Age of Artificial Intelligence and Commercial Transactions

The pervasiveness of artificial intelligence (AI) is transforming the commercial transactions landscape. Providers across industries are looking to utilize third-party AI tools, or utilize customer data to train AI models, in connection with providing services or implementing use cases proposed by their customers to create efficiencies and cost savings. The intellectual property (IP) stakes are heightened, and parties on either side of a transaction will need to carefully leverage agreements to maintain IP rights in their own data, secure IP rights in resulting products, and protect themselves against claims of infringement.

Read the full Landslide article by Duane Morris’ Ariel Seidner.  (ABA membership required.)

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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