Artificial intelligence (AI) has the potential to revolutionize industries, from automating routine tasks to enabling deep data analysis. As these technologies continue to gain traction, pending lawsuits and legal uncertainty around the globe highlight the need to respect copyright law while leveraging the power of AI.
Generative AI systems are strengthened by reliance on high quality, responsibly sourced training materials, including copyrighted works. Reliance on these materials helps to mitigate the risks of misinformation, bias, and other harmful results. But using copyrighted material in AI without permission can result in legal claims that threaten reputational and financial damages.
Executives are increasingly aware of the potential legal risks associated with AI use when it involves the use of copyrighted materials. According to Deloitte’s State of Generative AI in the Enterprise Quarter Three Report (August 2024), survey respondents cited concerns about regulatory compliance and difficulty managing risks among the top four barriers to successful development and deployment of generative AI tools and applications.
Copyright concerns emerge at several stages in AI development and use:
Training Data: AI models need data to learn. Training involves copying and storing copyrighted material, typically in very large quantities.
Inputs: Uploading copyrighted content into AI systems to perform specific tasks such as summarization, analysis, or translation also involves the production and use of copies.
Content Generation: AI can produce outputs (text, images, music, etc.) that are derivatives of or are substantially similar to the copyrighted works used in training.
In the absence of permission or a specific exception under applicable copyright law, all of these uses present infringement risk. The global nature of AI presents a unique challenge when it comes to copyright compliance. Different countries have different copyright laws, and a use that may be subject to an exception in one jurisdiction may be infringing in another.
Unlocking the benefits of generative AI while navigating this complex legal landscape is no small task, so how can global organizations scale AI opportunities while managing their risk?
Securing licenses can be a crucial step in removing the uncertainty and risk. Licensing agreements provide users with permission to use content in certain ways. When it comes to AI, this may include permission to use works in training datasets only or could also include additional downstream uses of the content. With a license that applies to employees worldwide, organizations can mitigate legal risks and enable the effective use of AI tools by all employees. Proactive management of licensing agreements is essential for maintaining compliance, operational efficiency, and uninterrupted productivity in a globally distributed workforce.
CCC has supported content users for decades by providing efficient, harmonized licensing solutions for their global teams that cover the internal uses of content, and the Annual Copyright License (ACL) from CCC now includes a harmonized set of rights for the internal use of lawfully acquired content with AI systems.
AI holds the promise of transforming industries, but its development must respect the intellectual property rights of authors, artists, and other creators on whose work these systems are built. Licenses can create cross-border consistency allowing businesses to unlock the power of AI while complying with copyright. As AI evolves, staying on top of compliance efforts in an uncertain and evolving landscape will be critical for those harnessing this transformative technology.
Responsible AI starts with licensing. For companies looking to use AI systems to drive research and development and improve internal operations, both CCC’s ACL and multinational copyright license now include AI rights for internal uses. Click here to contact us about licensing solutions for your organization. For more information on copyright and AI, please visit our AI, Copyright & Licensing resource page.