EU AI Act's Opt-Out Trend May Limit Data Use For Training AI Models

With the introduction of the EU AI Act, companies that train AI models should be vigilant of which datasets they use. Certain copyright-protected works may no longer be available for use in training AI models.

Introduction

There are three primary aspects of generative AI applications that intersect with copyright protection: (1) machine learning with protected works (the input side); (2) the protectability of works created with the assistance of generative AI (the discussion on copyright protection of AI generated works); and (3) potential infringement by the output of preexisting works (the output side). This GT Alert focuses on legal issues with respect to the input side.