#AI#GenerativeAI#EU#AIAct#Copyright#AITraining#IP#FairUse: "Scarcely a day goes by without news of exciting breakthroughs in the world of AI. In the face of disruptive waves of technological change and mounting uncertainty, the law cannot help but take on an “experimental” character, with lawmakers and lawyers often caught on the back foot, struggling to keep up with the sweeping winds of change. But whatever the next steps may be, one thing is certain: litigation surrounding generative AI marks an important crossroads, and whichever path we choose is likely to shape the future of the technology. The rising litigation around generative AI is not targeting image by image or specific excerpts of infringing texts produced by AI models. Rather, the whole technique behind the system is hanging in the balance.
Another key takeaway that merits attention relates to the fragmentary landscape of copyright that seems to be unfolding in the wake of the rapid advances in AI technology. Although the emerging European legal framework offers strict rules yet solid ground for AI technology to flourish on the continent, it’s worth wondering what will happen if the “Brussels effect” fails to reach the shores the other side of the Atlantic and the use of copyrighted works for training purposes is found to be transformative fair use in common law jurisdictions, while a relevant portion of these works are opted-out of AI models on European soil. That would mark a yawning gap between two copyright regimes, opening a new chapter in this old tale and potentially disadvantaging would-be European generative AI providers." https://copyrightblog.kluweriplaw.com/2024/04/08/the-stubborn-memory-of-generative-ai-overfitting-fair-use-and-the-ai-act/
