I already mentioned in another thread (which didn't get much discussion), but the recent EU AI Act takes into account the source material for training by essent

I already mentioned in another thread (which didn't get much discussion), but the recent EU AI Act takes into account the source material for training by essentially saying that you can train on copyrighted data unless the author opts out. The text from the AI Act is: > General-purpose AI models, in particular large generative AI models, capable of generating text, images, and other content, present unique innovation opportunities but also challenges to artists, authors, and other creators and the way their creative content is created, distributed, used and consumed. The development and training of such models require access to vast amounts of text, images, videos, and other data. Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. > Any use of copyright protected content requires the authorisation of the rightsholder concerned unless relevant copyright exceptions and limitations apply. > Directive (EU) 2019/790 introduced exceptions and limitations allowing reproductions and extractions of works or other subject matter, for the purpose of text and data mining, under certain conditions. Under these rules, rightsholders may choose to reserve their rights over their works or other subject matter to prevent text and data mining, unless this is done for the purposes of scientific research. Where the rights to opt out has been expressly reserved in an appropriate manner, providers of general-purpose AI models need to obtain an authorisation from rightsholders if they want to carry out text and data mining over such works. (note that the "appropriate manner" is meant to be some machine readable way, AFAIK the way this will happen is still in works - the Act wont become law until 2026 anyway) Under EU copyright law the machine generated output (like code, etc) cannot be copyrighted. Essentially this means that: 1. ChatGPT et al. can can train on copyrighted code, text, etc unless the authors opt out via some (machine readable) way. 2. ChatGPT et al. can then reproduce a bunch of code from whatever it was trained on, that code by itself is not copyrightable (but it can be modified and become part of a copyrighted work - think of it as combining public domain code with some other project). AFAIK the only muddy aspect is what happens when ChatGPT (or really any AI generative algorithm) reproduces already copyrighted works without the knowledge of the user. Again AFAIK this is something that is currently being worked on. There was an AMA on Reddit recently[0] by someone who worked on the act and answered a bunch of questions. IMO it is a great AMA on the topic (at least if you ignore the trolls that ask "why do you want to destroy EU", etc). Also (unrelated to the above AMA) i think both UK and US are likely going towards a similar direction. [0] https://www.reddit.com/r/ArtificialInteligence/comments/1fqmcds/i_worked_on_the_eus_artificial_intelligence_act/ https://www.reddit.com/r/ArtificialInteligence/comments/1fqm...