Can AI develop outside of a copyright licensing approach?

While some countries have adopted or considered adopting specific exceptions to allow text and data mining, others (most) have not introduced any new legislation. In Europe, much of the attention has so far centred on Article 4 of Directive 2019/790, including in the context of a potential UK reform. The talk investigates whether and to what extent copyright laws allow unlicensed AI training. Ultimately, it is found that no exception or open-ended defence fully covers unlicensed AI training activities. As a result, a licensing approach (and culture) appears to be the way for AI training to be undertaken lawfully, including when this is done for “research” and “learning.”

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Guest Speaker: Eleonora Rosati

Eleonora Rosati is Full Professor of Intellectual Property Law at Stockholm University and Of Counsel at Bird & Bird. She holds guest/visiting positions at several other institutions, is Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press), and long-standing contributor to and editor of The IPKat. The author of several scholarly articles and books on IP issues, including - most recently - Copyright and the Court of Justice of the European Union (Oxford University Press:2023, 2nd edn) and Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790 (Oxford University Press:2021), Eleonora regularly prepares technical briefings and expert opinions and delivers talks at the request of inter alia international organizations and EU institutions and agencies, as well as national governments and professional bodies and organizations. She has received multiple accolades and prizes for her work in the IP field and has been featured in prominent media outlets, including inter alia The New York Times, The Guardian, Financial Times, CNN, BBC, and Politico.

This event forms part of the IP and Innovation Initiative at Durham Law School, an emerging interdisciplinary platform exploring IP, AI, innovation and research impact.