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How well does the DSM Directive balance copyright and AI development?

Nilsson, Filip LU (2024) HARN63 20241
Department of Business Law
Abstract
In this thesis, the interests behind AI development and copyright have been investigated. Furthermore, it has also examined how Articles 3 and 4 of the DSM Directive balance these interests.

During the thesis, it has become clear that AI has many possibilities and that the interest in continued development encompasses a wide scope. When an AI is developed, it may need to be trained with a dataset consisting of works in order to learn. These works have the potential to be protected by copyright. Furthermore, in the thesis the focus has been on understanding the copyright. Here, it has become clear that the works trained by AI can be covered by a protected work with exclusive right of reproduction. This is where copyright and AI... (More)
In this thesis, the interests behind AI development and copyright have been investigated. Furthermore, it has also examined how Articles 3 and 4 of the DSM Directive balance these interests.

During the thesis, it has become clear that AI has many possibilities and that the interest in continued development encompasses a wide scope. When an AI is developed, it may need to be trained with a dataset consisting of works in order to learn. These works have the potential to be protected by copyright. Furthermore, in the thesis the focus has been on understanding the copyright. Here, it has become clear that the works trained by AI can be covered by a protected work with exclusive right of reproduction. This is where copyright and AI development comes across. Just as there is a broad interest in AI development, there is also an interest in copyright from EU level down to individual level. In the last part, it was examined how well articles 3 and 4 of the DSM directive balance these interests. Regarding articles 3 and 4, it was clear that articles 3 and 4 open up the possibilities to use works but to a limited extent. Article 3 through specific users for a specific purpose and Article 4 with an "opt-out" mechanism.

During this essay, the conclusion could be drawn that there is a broad interest in both AI development and copyright. Furthermore, it could also be concluded that articles 3 and 4 of the DSM directive balance these interests, but perhaps not in the way that was intended. (Less)
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author
Nilsson, Filip LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
AI, Algorithm, Data, Copyright, Input, Output, Rightsholder
language
English
id
9158561
date added to LUP
2024-06-10 11:10:52
date last changed
2024-06-10 11:10:52
@misc{9158561,
  abstract     = {{In this thesis, the interests behind AI development and copyright have been investigated. Furthermore, it has also examined how Articles 3 and 4 of the DSM Directive balance these interests.

During the thesis, it has become clear that AI has many possibilities and that the interest in continued development encompasses a wide scope. When an AI is developed, it may need to be trained with a dataset consisting of works in order to learn. These works have the potential to be protected by copyright. Furthermore, in the thesis the focus has been on understanding the copyright. Here, it has become clear that the works trained by AI can be covered by a protected work with exclusive right of reproduction. This is where copyright and AI development comes across. Just as there is a broad interest in AI development, there is also an interest in copyright from EU level down to individual level. In the last part, it was examined how well articles 3 and 4 of the DSM directive balance these interests. Regarding articles 3 and 4, it was clear that articles 3 and 4 open up the possibilities to use works but to a limited extent. Article 3 through specific users for a specific purpose and Article 4 with an "opt-out" mechanism.

During this essay, the conclusion could be drawn that there is a broad interest in both AI development and copyright. Furthermore, it could also be concluded that articles 3 and 4 of the DSM directive balance these interests, but perhaps not in the way that was intended.}},
  author       = {{Nilsson, Filip}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{How well does the DSM Directive balance copyright and AI development?}},
  year         = {{2024}},
}