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Pondering AI Machine Learning and Copyright Fair Use

By Cassandre Coyer
October 01, 2022

Artificial intelligence machine-learning models have come a long way and today their training is receiving significant legal attention. By feeding machine-learning models hundreds of copyrighted pictures to train them to identify and "read" certain concepts, companies could face violating copyright laws. For now, however, lawyers and companies alike will have to wait for more guidance to come from courts or regulators to determine whether existing bodies of law could protect such use of copyrighted works.

"As AI becomes more mainstream and more used, it'll start to impact other pieces of legal issues in ways that we haven't necessarily thought of right now," said Joshua Curry, a partner in the Atlanta office of Lewis Brisbois, and a vice-chair of the firm's intellectual property and technology practice.

To be sure, the current dearth of court rulings in this area poses a challenge for lawyers and companies in determining whether an AI model that was trained with copyrighted works such as music recordings or visual art could be considered an unauthorized use of someone else's creations.

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