Can Artificial Intelligence Infringe Copyright? Some Reflections

Creative machines consume. They often devour huge amounts of data as part of their learning process, including books, photographs, images, articles, social media feeds, videos, and other kinds of content. Programs that generate music, for example, are fed with huge quantities of source material, from hits at the top of the chart to lesser-known pieces, which they assess with a view to finding patterns. This inevitably raises risks of copyright infringement, both in relation to the inputs and outputs of the AI system. Who should be liable for infringement? Are there any exceptions? Should we avoid a binary regime whereby algorithmic creativity is given a more generous fair use or fair dealing treatment? In this contribution, we explore the above issues.