AI and copyright

Question 1

lesson summary

Answer 1

intersection of artificial intelligence and copyright law

it examines
INPUT side legality
OUTPUT side originality

Question 2

what is TDM

Answer 2

AUTOMATED analytical techniques to extract patterns from text/data

Question 3

CDSM directives on TDM COPYRIGHT (INPUT)

Answer 3

Art. 3: exception for reasearch or cultural institutions (not commercial), provided they have LEGAL access and can STORE DATA SAFELY

Art. 4: general TDM exception for commercial use, subject to OPT OUT by right holders

Question 4

AI Act (2)

Answer 4

Obligates AI model providers to:

1. Respect copyright reservations (OPT OUT).
2. Disclose content used for training.

it applies to training, not output

Question 5

can AI be an author?

Answer 5

Absent human authorship, AI outputs fall into the public domain unless national laws assign surrogate authorship.

Question 6

AI output side infringement and liability

Answer 6

AI may inadvertently memorize and reproduce training data.

INFRINGEMENT under EU law:

Literal or non-literal copying of original parts = infringement.

Related rights infringement = any recognizable reproduction.

LIABILITY:

May fall on developer, provider, or user depending on INTENT and CONTROL.

Takeaway: AI providers must implement safeguards to avoid replication of protected content

Question 7

AI copyright exceptions (3)
(OUTPUT)

Answer 7

1. Quotation (EU): Lawful availability, fair practice, purpose limitation.
2. Parody (CJEU Deckmyn): Requires humoristic intent.
3. Pastiche: Undefined, but implies style imitation or remix.

Takeaway: AI output reusing protected elements may invoke exceptions if human intervention is demonstrable and context justifies it.

Question 8

Authorship Assignment

Answer 8

AI outputs lacking human creative input fall outside copyright;

authorship MAY lie with developer or user.

Question 9

in which cases can AI copyright infringement happen?

Answer 9

1. temporary copies during training
2. numerical representations after training (both adaptations and derivative works)

Question 10

what does fair use depend on? (4)

Answer 10

1. character and purpose (CHARACTER: scientific/for profit + or a new, valuable, NON EXPRESSIVE purpose rather than a copy or the ORIGINAL EXPRESSIVE PURPOSE)
2. nature of copyright work
3. portion
4. effect on the potential market value

Question 11

which are the two questions for US AI infringement test?

Answer 11

1. substantial similarity? Y/N
2. access to the original
   Y/N