AI and Copyright: Challenges and Solutions for Mid-sized Businesses

Introduction

The use of Artificial Intelligence (AI) has surged rapidly in recent years, providing numerous opportunities particularly for mid-sized companies. At the same time, the deployment of AI raises complex questions in the realm of copyright law. This article sheds light on the essential aspects and gives practical recommendations to mid-sized businesses.

Legal Fundamentals and Current Developments

Protection Rights for AI-Generated Works

According to German copyright law, only personal intellectual creations are protectable. This means that only humans can be the authors of a work, not AI. AI-generated content, such as texts and images created by tools like ChatGPT or DALL-E, are therefore not subject to copyright protection (Urheberrecht.de)(KPMG Law).

Use of Training Data

Legally accessible data may be used for training AI systems as long as they are deleted after use. However, rights holders can declare a reservation of use, which must be presented in a machine-readable format (Urheberrecht.de) (KPMG Law).

Current Legislative Situation and the AI Act

On March 13, 2024, the European Parliament passed the AI Act. This requires large AI models to disclose the (copyright-protected) materials they were trained on. These regulations are set to come into effect in 2026, aiming to provide more transparency and protection for authors (impulse).

Practical Recommendations for Mid-Sized Businesses

Minimize the Risk of Copyright Infringement

Mid-sized companies should ensure that they do not use copyrighted works without the appropriate permission. Before publishing AI-generated content, it is advisable to manually review it to avoid cease-and-desist orders or lawsuits. In doubtful cases, consulting a specialized lawyer can be beneficial (impulse).

Transparency and Documentation

It is crucial to maintain clear documentation of the data and training methods used. This not only helps in complying with legal requirements but also in potential legal disputes to prove that all data used were legally accessible (Urheberrecht.de) (KPMG Law).

Collaboration with Experts

The complexity of copyright issues related to AI often requires specialized expertise. Collaborating with experts such as AI.Worx can help avoid legal pitfalls and optimize the potential of AI.

Conclusion

The legal framework for using AI in copyright matters is complex and constantly evolving. Mid-sized businesses should be aware of these challenges and take appropriate measures to minimize legal risks. AI.Worx stands as a competent partner to assist you with all questions regarding AI and copyright.