Berlin: The rise of artificial intelligence is testing the limits of copyright law, with courts around the world grappling with whether developers can use protected content to train generative AI models without permission. Henning Grosse Ruse-Khan, a professor of law at the University of Cambridge, says this legal gray area is at the center of mounting court battles across the US, UK, Germany, and beyond.
According to Anadolu Agency, the core of the debate revolves around how generative AI systems-such as ChatGPT or Google Gemini-are trained. These tools rely on massive datasets, most of which include text, images, audio, and video already protected under copyright. Ruse-Khan highlights a significant question regarding the potential for a 'fair use' argument, allowing such training without explicit permission. This issue is currently being litigated in various jurisdictions, with inconclusive outcomes thus far.
Recent court rulings suggest that while limited uses might be permitted under 'fair use,' cases where AI-generated content competes directly with the original works are more likely to be deemed unlawful. A notable ruling by a US federal court in a case involving ROSS Intelligence determined that unauthorized use of copyrighted legal material to train AI models does not qualify as fair use.
These varying rulings underscore the absence of a unified global approach to intellectual property rights. Ruse-Khan points out that ideal resolution would involve international cooperation, but notes the challenge due to the territorial nature of IP rights. Each country operates its own IP rights system, making global coordination difficult. Treaties like the TRIPS Agreement and the Anti-Counterfeiting Trade Agreement (ACTA) aim for alignment, but variations in enforcement and interpretation remain obstacles.
Ruse-Khan emphasizes the need for legal flexibility within countries to develop context-specific solutions that cater to individual needs. He also raises concerns about the influence of large digital platforms in controlling online visibility and censorship. Ruse-Khan warns against assuming these corporations will prioritize public interest over profit, as their primary goal in a capitalist economy is to maximize profit.