Is the use of copyrighted material for machine learning (ML) legal? Can generative AI produce infringing material? Find out more with this helpful memo from a leading voice in the field of copyright and IP.
In this memo, renowned copyright expert Professor Daniel Gervais discusses these important issues and the role of collective management in artificial intelligence and machine learning applications.
In his analysis, Prof. Gervais uses both domestic and international law, as appropriate. His primary focus is the potential role of licensing in three parts:
- An overview of machine learning (ML)
- A review of essential aspects of copyright law applicable to artificial intelligence (AI), and
- The key role of licensing.
About the Author
Daniel J. Gervais, PhD, is Milton R. Underwood Chair in Law at Vanderbilt University Law School, where he serves as Director of the Vanderbilt Intellectual Property Program and co-director of the LLM Program. In 2022, he also held a Distinguished Fulbright Chair at Carleton University in Ottawa. He was previously part-time Professor of Information Law at the University of Amsterdam. Prior to joining Vanderbilt, he was the Acting Dean at the Faculty of Law of the University of Ottawa (Common Law Section). Before he joined the Academy, Prof. Gervais was Legal Officer at the GATT (now WTO); Head of Section at WIPO; and Vice-President of Copyright Clearance Center, Inc. (CCC). In 2012, he was elected to the Academy of Europe. He is a member of the American Law Institute, where he serves as Associate Reporter on the Restatement of the Law, Copyright Project. He is a Past President of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP).