Copyright can restrict copying protected works: From an intellectual-property standpoint, which is the most
Copyright can restrict copying protected works for training, so a license or valid exception may be required.
The question
An AI vendor wants to use a large collection of copyrighted news articles to train a model. From an intellectual-property standpoint, which is the most accurate general statement about using such works?
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- Copyright never applies to text once it is published online, so any public article is entirely free to use for training.Wrong: publication does not remove copyright protection.
- Trademark law, not copyright, is what governs whether the vendor may reproduce the articles inside a training data set.Plausible but wrong: reproducing articles is a copyright question, not a trademark one.
- Patent law grants the vendor an automatic right to reuse any published article so long as it provides proper attribution.Wrong: patents do not grant rights to reuse copyrighted text, and attribution does not cure infringement.
- Copyright can restrict copying protected works for training, so a license or a valid exception may well be required. ✓Correct: copying protected works into a training set implicates copyright, so a license or exception may be needed.
The trap
Believing publication or attribution alone permits copying copyrighted works for training. How to remember it
Copyright can restrict copying protected works for training, so a license or valid exception may be required.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.