Artificial Intelligence and The Future of Literary Works
Mary E. Rasenberger · 2020
This chapter focuses on literary works as a way to ground the discussion since books have always been at the core of copyright protection. It concludes that opt-out automated collective licensing systems may be the only workable solution for striking the balance between developments in AI research and application and the rights of creators whose works are used to train AI machines. The factor would favor a fair use finding, since entire works are copied, and for most literary works, the second factor should also weigh against fair use. The Digital Millennium Copyright Act of 1998 was a sweeping piece of legislation, but the part that has caused the most heartburn for copyright owners is the safe harbor provision that effectively immunizes internet intermediaries such as online platforms for the copyright infringement perpetrated by their users, provided the platforms comply with certain obligations.