Joao Quintais | infojustice

Generative AI, Copyright and the AI Act

Posted by Joao Quintais | May 18, 2023 | Academic Resources, AI, User Rights Network

[João Pedro Quintais] Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. This has led to increasing calls for transparency requirements. In response to these calls, the European Parliament is considering adding to its compromise version of the AI Act two specific obligations with copyright implications on providers of generative AI models: on (1) transparency and disclosure; and (2) on safeguards for AI-generated content moderation. There is room for improvement on both.

A Primer and FAQ on Copyright Law and Generative AI for News Media

Posted by Joao Quintais | May 2, 2023 | AI

[João Pedro Quintais and Nick Diakopoulos] From the perspective of authors and copyright holders, there is a clear concern that generative AI tools are built on the unauthorized and non-remunerated use of their works, while at the same time negatively impacting their livelihood. At the same time, it is also noted that these tools benefit many artists and content creators, whose interests should be considered when regulating these technologies from a copyright policy perspective. Others still are concerned that legal intervention at this stage would lead to market concentration and “make our creative world even more homogenous and sanitized”… In this post we’ll parse these legal issues, first offering some background on copyright law and AI models, and then reflecting on some more specific and pragmatic questions that may impact how you think about using the models in different news production tasks.

The UK Government Moves Forward With a Text and Data Mining Exception for All Purposes

Posted by Joao Quintais | Sep 19, 2022 | AI, IP & Research, Limitations and Exceptions, User Rights Network

[Alina Trapova and João Pedro Quintais] As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws… the UK government has now decided to introduce a new copyright and database right exception which allows TDM for any purpose, i.e. including commercial uses. Licensing will no longer be an issue and rightholders will not be able to opt-out or contract out of the exception. The government believes that this approach would significantly benefit a wide range of stakeholders – from researchers, AI developers, small businesses, through cultural heritage institutions, journalists, all the way to engaged citizens.

The Pelham Chronicles: Sampling, Copyright and Fundamental Rights

Posted by Joao Quintais | Feb 4, 2021 | Academic Resources, Regional Fora

[Bernd Justin Jütte and João Quintais] Abstract: On 29 July 2019 the Court of Justice of the European Union (CJEU or Court) rendered its long-awaited judgment in Pelham. This judgement was published together, but not jointly, with those on Spiegel Online and Funke Medien. A bit less than a year later, on 30 April 2020, the German Federal Court of Justice (Bundesgerichtshof or BGH), which had referred the cases to Luxembourg, rendered its judgments in all three cases. There are obvious parallels between these judgments, and their combined relevance for the interpretation of European copyright law in the light of EU fundamental rights cannot be understated. Click here for more.

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement

Posted by Joao Quintais | Sep 3, 2019 | Academic Resources, Empirical Research, Surveys and Data, User Rights Network

[João Quintais and Joost Poort] Abstract: This article… combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy.

The New Copyright in the Digital Single Market Directive: A Critical Look

Posted by Joao Quintais | Jul 29, 2019 | Academic Resources, Regional Fora

Abstract: On 17 May 2019 the official version of the new Directive on copyright and related rights in the Digital Single Market was published. This marks the end of a controversial legislative process at EU level. It also marks the beginning of what will surely be a contentious process of national implementation. This article provides an overview and critical examination of the new Directive. It argues that what started as a legislative instrument to promote the digital single market turned into an industry policy tool, shaped more by effective lobbying than evidence and expertise. The result is a flawed piece of legislation.

The New Copyright Directive: A tour d’horizon – Part II (of press publishers, upload filters and the real value gap)

Posted by Joao Quintais | Jun 24, 2019 | Regional Fora

Part I of this post discussed the legislative process and Titles I through III of the CDSM Directive. This Part II will tackle the remainder of the Directive, namely its measures to achieve a well-functioning marketplace for copyright (Title IV) and final provisions (Title V)… e IV contains the most controversial provisions of the Directive, namely the new right for press publishers and the new liability regime for user-upload platforms.

The New Copyright Directive: A tour d’horizon – Part I

Posted by Joao Quintais | Jun 20, 2019 | Regional Fora

On 17 May 2019 the official version of the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was published in the Official Journal of the EU (CDSM Directive). This marks the end of a controversial legislative process at EU level. It also marks the beginning of what will surely be a contentious process of national implementation. Indeed, the Polish government has already filed an action for annulment under Art. 263 TFEU, apparently focusing on the most problematic aspects of Article 17.

Author: Joao Quintais

Generative AI, Copyright and the AI Act

A Primer and FAQ on Copyright Law and Generative AI for News Media

The UK Government Moves Forward With a Text and Data Mining Exception for All Purposes

The Pelham Chronicles: Sampling, Copyright and Fundamental Rights

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement

The New Copyright in the Digital Single Market Directive: A Critical Look

The New Copyright Directive: A tour d’horizon – Part II (of press publishers, upload filters and the real value gap)

The New Copyright Directive: A tour d’horizon – Part I

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