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ARTICLE · 19 APRIL 2024

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Part 14: Copyright And AI: How To Protect Yourself In Practice

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In addition to concerns about data protection and confidentiality, the fear of copyright infringement is the second major obstacle for many when using artificial intelligence.

SwitzerlandIntellectual Property

In addition to concerns about data protection and confidentiality, the fear of copyright infringement is the second major obstacle for many when using artificial intelligence. In practice, however, the risk is not very high, at least for those who use prefabricated AI models – if a few rules are observed. We look at this in part 14 of our AI blog series.

First of all, a brief overview of where the problem of third-party rights to content may arise, especially when using generative artificial intelligence. This is not only copyright law, but also unfair competition law and possibly special legal provisions. For example, depending on the legal system, it may be prohibited to copy and use the commercial results of the work of others without a reasonable effort on your part (Art. 5 of the Swiss Unfair Competition Act), or to copy entire or large parts of third-party databases, even if they are not protected by copyright (EU Directive on the Legal Protection of

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