Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law

The development of artificial intelligence draws heavily on training data which may be comprised of copyright works. Utilization of copyright works as such raises questions on copyright infringement as well as the possibilities of the usage being excused under the existing law. There are also concer...

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Bibliographic Details
Main Author: Sik, Cheng Peng
Format: Article
Published: Wiley 2021
Subjects:
Online Access:http://eprints.um.edu.my/35112/
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Institution: Universiti Malaya
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Summary:The development of artificial intelligence draws heavily on training data which may be comprised of copyright works. Utilization of copyright works as such raises questions on copyright infringement as well as the possibilities of the usage being excused under the existing law. There are also concerns with respect to accessing copyright works in digital formats that are commonly protected by digital rights management tools. Restrictions on such usage may hamper the research and development of artificial intelligence applications. This paper examines the said issues with specific focus on first, the applicability of a seemingly Americanized fair dealing exception to copyright infringement under the Malaysian Copyright Act 1987; and second, the exceptions to legal protection of digital rights management. In doing so, the paper studies the existing models of the United States, United Kingdom, and the European Union. It ends with suggestions as to how copyright law may respond to the emerging needs and provide adequate latitude with the aim to promote research and development of artificial intelligence which would ultimately benefit the public at large.