CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE AND ITS COMMUNICATION TO THE PUBLIC – CLAIMS OF PRE-EXISTING RIGHTS HOLDERS
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Abstract
This article examines whether and to what extent the use of outputs generated by generative artificial intelligence (AI) infringes upon the rights of authors, performers, and producers of recordings. It builds on the premise that general AI models are trained using datasets that include indirect reproductions of protected subject matter. The paper questions the applicability of copyright exceptions, such as text and data mining (TDM) and temporal reproduction, for the training and use of these models. It differentiates between the liability of AI providers and users, arguing that public communication of AI-generated content may involve the unauthorized use of preexisting protected subject matter. Further, the article addresses issues of adaptation, inspiration, and potential infringement through plagiarism or imitation. It concludes by proposing legislative changes.
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