François Larose, Amanda Branch and Naomi Zener coauthored an article "Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use" by Architecture & Governance Magazine
January 21, 2021
François Larose, Amanda Branch and Naomi Zener coauthored the article "Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use", published by Architecture & Governance Magazine, a publication of Iasa Global.
More and more companies are turning to artificial intelligence (AI) and machine learning to help them make sense of the data they are collecting. The use of AI raises a number of interesting and novel legal issues, particularly in the areas of copyright and privacy.
In 2019, we wrote about the USPTO’s call for comments on the impact of providing copyright protection to works created using AI or AI-created works. On October 7, 2020, the USPTO released their AI report compiling their findings and discussions regarding all areas of intellectual property and AI. Much of the feedback concerning copyright revolved around concerns regarding use of copyright protected works to train AI, which may be a violation of fair use and the copyright owner’s reproduction rights in their works (see pg.4 of the report). However, many of the commentators who participated in submitting comments for the report stated they have few concerns about AI and fair use, believing that fair use was adaptable to the use of copyright protected works by AI.
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This article was first published by Bereskin & Parr LLP on December 21, 2020.