ABSTRACT
… I will first present the training and use of a creative program based on a neural network, a popular model that forms the basis of state-of-the-art creative AIs. Then, I will examine each of the issues just raised:
1. Does the person managing the automatic training of a neural network’s parameters obtain a copyright in the resulting trained parameters?
2. Does a person using a program that produces artistic output obtain a copyright in that output?
3. The automatic training of a neural network requires large amounts of example data (a training set). Can images from around the internet be copied for the purpose of training a neural network?
4. What if a person uses an AI to produce a work that looks substantially similar to one of the training examples? Is that an infringement? And who is infringing?
McCann, Sancho, Copyright Throughout a Creative AI Pipeline (January 13, 2021). 19 Canadian Journal of Law and Technology Forthcoming.
First posted 2022-01-19 14:00:26
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