THE AI COPYRIGHT CONUNDRUM: MEMORISING OR LEARNING?

by Vincent Bergeron and Julius Melnitzer*
ROBIC
LAWYERS, PATENT AND TRADEMARK AGENTS

The question of whether AI “learns” or “memorises” is creating significant uncertainty in copyright law. Recent studies show that some models can reproduce copyrighted works with striking accuracy, raising concerns about how training data is used.

According to our Leader of the Emerging Technologies Group, Vincent Bergeron, the key lies in examining the AI’s output to determine if true memorisation is occurring. With courts still navigating this emerging issue, ongoing U.S. litigation may soon clarify when AI behaviour crosses from lawful learning into unlawful reproduction.

To read the full article on IPHQ News >

*The full article published on IPHQ News was written by Julius Melnitzer, in collaboration with Vincent Bergeron.