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ARTICLE · 20 JANUARY 2025

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Fakes Made Easy: Generative AI And The Copyright Conundrum

In recent years, artificial intelligence (AI) and more specifically generative AI (GenAI) has developed at an exponential rate.

CanadaIntellectual Property

Introduction

In recent years, artificial intelligence (AI) and more specifically generative AI (GenAI) has developed at an exponential rate. GenAI is AI that is capable of generating content, such as text, images, videos or audio when prompted by a user. GenAI models are often trained through a process called "web scraping", which refers to the process of extracting data from websites. They learn patterns, relationships and knowledge from this training data and when given a prompt, they can reference tens of millions, if not billions, of housed data sources in seconds to provide a targeted output. In doing so, GenAI models have the ability to generate unique results.

The use of GenAI has raised novel issues with respect to copyright ownership, including use of unlicensed copyrighted works in training GenAI models and in the outputs created by GenAI. Canadian courts have not held that web scraping for the purpose of training AI is fair dealing.1 With respect to

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