Author: Matthew Sag

Testimony to U.S. Senate Judiciary Subcommittee on Intellectual Property Artificial Intelligence and Intellectual Property

[Matthew Sag] … Although we are still a long way from the science fiction version of artificial general intelligence that thinks, feels, and refuses to “open the pod bay doors”, recent advances in machine learning and artificial intelligence (“AI”) have captured the public’s imagination and lawmakers’ interest. We now have large language models (“LLMs”) that can pass the bar exam, carry on a conversation on almost any topic, create new music, and new visual art. The principal copyright questions that you as law makers must consider relate to (1) the copyrightability of artifacts made with generative AI; and (2) the legality of using copyrighted works to train machine learning models, without express consent.

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Does Copyright Require Authorization to Use Data “Subsisting in Copyright Works?”

The World Intellectual Property Organization in Geneva has requested comments on a series of questions about whether “use of the data subsisting in copyright works without authorization for machine learning constitute an infringement of copyright?” I have joined other copyright experts in a submission to WIPO commenting on their questions. This note explains in more detail some of my reservations about use of the phrase “use of the data subsisting in copyright works without authorization” in WIPO’s questions and in our general thinking about the relation between copyright and text and data mining.

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