Why AI Training Should Fall Outside Copyright's Domain: A Legal Analysis
SSRN
5mo ago
AI training creates no fixed, human-readable embodiment of the source material; models retain only non-expressive statistical weightings. Even if training were deemed copying, it is a highly transformative use. The infringement inquiry should therefore shift downstream to users who intentionally prompt a model to reproduce protected expression. Refocusing the law this way preserves copyright’s incentive structure while allowing AI research and innovation to flourish.
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