Research on Copyright Fair Use in Generative AI Training Phase

DOI: https://doi.org/10.62517/jel.202614203

Author(s)

Remila Taximaimaiti

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

In the era of rapid advancement in generative AI technology, the growing demand for massive datasets during training phases poses new challenges to copyright systems. This paper explores the establishment of fair use mechanisms for generative AI training stages. It begins by analyzing the technical principles of generative AI and their implications for copyright law, then examines the limitations of the current "three-step test" framework in adapting to generative AI development. Finally, the study highlights the critical role of fair use provisions in fostering technological innovation, cultural prosperity, and social progress, advocating for specialized exceptions regarding fair use in generative AI data training to reconcile diverging interests among stakeholders.

Keywords

Generative AI; Copyright; Copyright infringement; Data; Fair Use

References

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