Joao Quintais

Joao Quintais

  • Joined: June 20, 2019
  • Articles: 4

Generative AI, Copyright and the AI Act

[João Pedro Quintais] Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. This has led to increasing calls for transparency requirements. In response to these calls, the European Parliament is considering adding to its compromise version of the AI Act two specific obligations with copyright implications on providers of generative AI models: on (1) transparency and disclosure; and (2) on safeguards for AI-generated content moderation. There is room for improvement on both.

A Primer and FAQ on Copyright Law and Generative AI for News Media

[João Pedro Quintais and Nick Diakopoulos] From the perspective of authors and copyright holders, there is a clear concern that generative AI tools are built on the unauthorized and non-remunerated use of their works, while at the same time negatively impacting their livelihood. At the same time, it is also noted that these tools benefit many artists and content creators, whose interests should be considered when regulating these technologies from a copyright policy perspective. Others still are concerned that legal intervention at this stage would lead to market concentration and “make our creative world even more homogenous and sanitized”... In this post we’ll parse these legal issues, first offering some background on copyright law and AI models, and then reflecting on some more specific and pragmatic questions that may impact how you think about using the models in different news production tasks.

The UK Government Moves Forward With a Text and Data Mining Exception for All Purposes

[Alina Trapova and João Pedro Quintais] As previously reported, between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws... the UK government has now decided to introduce a new copyright and database right exception which allows TDM for any purpose, i.e. including commercial uses. Licensing will no longer be an issue and rightholders will not be able to opt-out or contract out of the exception. The government believes that this approach would significantly benefit a wide range of stakeholders – from researchers, AI developers, small businesses, through cultural heritage institutions, journalists, all the way to engaged citizens.

The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement

[João Quintais and Joost Poort] Abstract: This article... combines different sources and empirical methods, including consumer surveys among nearly 35.000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy.