On 7 May 2024, Open AI published its approach to data and AI (ADAI). This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In this vision, OpenAI shares its own perception of its contribution to creative ecosystems, but also its understanding of some of the legal implications of its business…
The AI Law Proposal: general context and subject matter On 23 April 2024, the Italian government published the text of a draft law introducing regulatory provisions concerning the use of Artificial Intelligence systems to the Italian legal system (“AI Law Proposal”) (here). The text has been approved by the Council of Ministers and…
The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. and China. This blog post focuses on a balanced solution for the emerging problems on the input and…
In Canada, the Federal Government has just announced a $2.4 billion package of measures “to secure Canada’s world-leading AI advantage.” This sum is in addition to the $2 billion of public funds already invested since 2017, when Canada became the first country in the world to launch a national AI strategy. Now, as then, the…
In the middle of 2022, three significant AI text-to-image generators were made available to the public: Dall-E 2 (April 2022), Midjourney (July 2022), and Stability Diffusion (August 2022). In addition to raising questions about ownership of outputs, infringement in training, and the future of copyright as a policy tool to encourage creativity, economists are in…
In the generative AI era, there is a proliferation of open source claims (i.e. operators that claim to release AI models sufficiently open to be part of the open source or open innovation movement, as opposed to closed-source model), such as open source and open access foundation models (e.g. Google BERT, Meta LLaMA Large Language…
Welcome to the first trimester of the 2024 roundup of EU copyright law (though with a slight delay)! In this edition, we update you on what has happened between January and March 2024 in EU copyright law. Interestingly enough, in this issue you will find quite a bit of UK policy reports. As our regular…
The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. In the wake of the landmark cases of Authors Guild, Inc v HathiTrust and Authors Guild, Inc v Google, Inc – or the Google Books case –, the fair use doctrine has accommodated a core principle of non-expressive use, referring…
Large language models’ (LLMs) greatest strength may also be their greatest weakness: their learning is so advanced that sometimes, just like humans, they memorise. This is not surprising, of course, because computers are really good at mainly two things: storing and analysing data. There is now empirical evidence that deep learning models are prone to…
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Javier Torre de Silva y López de Letona, The Right to Scrape Data on the Internet: From the US Case hiQLabs, Inc. v. LinkedIn Corp. to the ChatGPT Scraping Cases: Differences Between US and…
