Generative AI Training and Copyright Law

Fuente: arXiv
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Hauptverfasser: Stober, Sebastian, Dornis, Tim W.
Format: Preprint
Veröffentlicht: 2025
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author Stober, Sebastian
Dornis, Tim W.
author_facet Stober, Sebastian
Dornis, Tim W.
contents Training generative AI models requires extensive amounts of data. A common practice is to collect such data through web scraping. Yet, much of what has been and is collected is copyright protected. Its use may be copyright infringement. In the USA, AI developers rely on "fair use" and in Europe, the prevailing view is that the exception for "Text and Data Mining" (TDM) applies. In a recent interdisciplinary tandem-study, we have argued in detail that this is actually not the case because generative AI training fundamentally differs from TDM. In this article, we share our main findings and the implications for both public and corporate research on generative models. We further discuss how the phenomenon of training data memorization leads to copyright issues independently from the "fair use" and TDM exceptions. Finally, we outline how the ISMIR could contribute to the ongoing discussion about fair practices with respect to generative AI that satisfy all stakeholders.
format Preprint
id arxiv_https___arxiv_org_abs_2502_15858
institution arXiv
publishDate 2025
record_format arxiv
spellingShingle Generative AI Training and Copyright Law
Stober, Sebastian
Dornis, Tim W.
Computers and Society
Artificial Intelligence
Machine Learning
Training generative AI models requires extensive amounts of data. A common practice is to collect such data through web scraping. Yet, much of what has been and is collected is copyright protected. Its use may be copyright infringement. In the USA, AI developers rely on "fair use" and in Europe, the prevailing view is that the exception for "Text and Data Mining" (TDM) applies. In a recent interdisciplinary tandem-study, we have argued in detail that this is actually not the case because generative AI training fundamentally differs from TDM. In this article, we share our main findings and the implications for both public and corporate research on generative models. We further discuss how the phenomenon of training data memorization leads to copyright issues independently from the "fair use" and TDM exceptions. Finally, we outline how the ISMIR could contribute to the ongoing discussion about fair practices with respect to generative AI that satisfy all stakeholders.
title Generative AI Training and Copyright Law
topic Computers and Society
Artificial Intelligence
Machine Learning
url https://arxiv.org/abs/2502.15858