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Urheberrecht und Training generativer KI-Modelle
Tim W. Dornis and Sebastian Stober
2024
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Generative AI (e.g., ChatGPT) generates texts, images, music, and videos. The technology is based on extensive training with copyrighted data. In the USA, AI developers rely on "fair use"; in Europe, the prevailing view is that the exception for "Text and Data Mining" (TDM) applies. The interdisciplinary study refutes this approach, as generative AI training fundamentally differs from TDM. It also explains why AI developers outside Europe are immediately subject to EU copyright law if their AI systems are accessible in the EU. Overall, it becomes clear that a more thorough, technology-oriented consideration and an adaptation of the law to reality are required.
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Keywords
- Digitalrecht
- LNR