Strojové užití autorských děl a aplikace výjimky pro vytěžování textů a dat

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Title in English Machine exploitation of copyright works and application of exceptions for text and data mining
Authors

COLLETT Dominika

Year of publication 2020
Type Article in Periodical
Magazine / Source Iurium Scriptum
MU Faculty or unit

Faculty of Law

Citation
Web Open access článku
Keywords copyright; digital world; exceptions
Description In the era of the digital marketplace and the development of artificial intelligence, in addition to the issue of rights to AI outputs, the issue of AI's status as a user of protected content must also be addressed. The development of a specific application of AI, particularly in the field of machine learning, requires access to large amounts of data during the training phase, which can often be copyrightable subject matter. At the same time, even in the subsequent phase of use of the AI by third parties, various content may be recorded or made available, which the application works with and on the basis of which it produces a final output. There are opinions in the literature that strictly reject the argument that AI can be a user of copyright works. Nor is there a sufficient solution at the level of legislation. For this reason, the paper will focus on the legal analysis of machine use of copyright works from the perspective of existing and forthcoming legislation at the level of the Czech Republic and the EU.
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