AI, Data Mining and Copyright Law: Remarks about Lawfulness and Efficient Choices

In the last years, many scholars have investigated the legal issues concerning copyright law and artificial intelligence, with specific reference to the pe-training and training of these technologies. One of the main questions is related to the possibility that machine-learning processes infringe intellectual property rights and notably copyright-owners’ rights. The paper analyzes of the current legal framework and notably of the exception of Articles 3 and 4 introduced by the CDSM. Starting from this point, the paper focuses on Articles 53 of the AI and on the obligations imposed on the providers of general AI systems, also taking into account the provisions on transparency of the AI Act with respect to copyrighted works. The analysis underlines that a degree of uncertainty in the application of these rules still remain and that this could have a negative competitive effect on the EU economy when compared to the US and Asian approach to the relation between AI, copyright and innovation.