FameEX Hot Topics | Japanese AI Specialists Express Alarm Regarding Bots Trained on Copyrighted Content
Japanese lawmaker Takashi Kii is actively pushing for regulatory measures to safeguard copyright holders from potential infringements caused by artificial intelligence (AI) algorithms. Concerns have been raised by Japanese AI experts and researchers regarding the use of illegally acquired information to train AI models, fearing an upsurge in copyright infringement cases, as well as adverse consequences such as job losses, dissemination of false information, and unauthorized disclosure of confidential data.
On May 26, the government's AI strategy council submitted a draft expressing apprehension about the lack of regulations surrounding AI, particularly with regard to copyright infringement risks. Takashi Kii highlights the absence of laws in Japan that explicitly prohibit the use of copyrighted material and unlawfully obtained information for AI training purposes.
"In Japan, whether it is for nonprofit or for-profit purposes, or for acts other than duplication, I found that information analysis by AI relies on data obtained from illegal sources," stated Takashi. He also inquired about guidelines governing the use of AI chatbots like ChatGPT in schools, which present their own set of challenges, considering the potential adoption of this technology in the education system by March 2024.
Minister Nagaoka provided an inconclusive response, stating that implementation would occur "as soon as possible" without specifying a timeline. Andrew Petale, a lawyer and trademarks attorney at Y Intellectual Property in Melbourne, explains that the subject remains in a "gray area."
"Copyright protects the way ideas are expressed, rather than the ideas themselves. In the case of AI, you have a human being inputting information into a program," Petale explained. He further added, "The inputs are coming from people, but the actual expression is coming from the AI itself. Once the information has been inputted, it's essentially out of the hands of the person, as it’s being generated or pumped out by the AI."
Recognizing machines or robots as capable of authorship is a critical factor that needs to be addressed in legislation. Currently, this area remains ambiguous and uncharted, prompting the need for legal proceedings and regulations to resolve various hypothetical scenarios. Petale emphasized the importance of determining whether the responsibility lies with AI creators for developing tools used for copyright infringement, or with the individuals utilizing those tools.
AI companies generally argue that their models do not infringe on copyright, as they transform original works into something new, qualifying under the fair use provisions of U.S. laws, where most of the legal discussions are taking place. The resolution of these issues requires a comprehensive approach involving lawmakers, legal experts, AI companies, and copyright holders to strike a balance between protecting intellectual property rights and fostering the development and responsible use of AI technology.
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