Risks of Infringement of Generative Artificial Intelligence Training Data and Legal Countermeasures
Potential infringement risks arise at various stages of the training process due to the unpredictability inherent in the sources,usage,and outputs of training data for generative AI models.The acquisition and use of large-scale training data do not fall under the scope of statutory and compulsory licenses within traditional legal systems.Although exemptions from liability are covered in specific cases by fair use provisions,these do not effectively regulate the behavior of training data itself.Further exploration in judicial practice is required to determine specific criteria and discretionary rules for each element of the"Three-Step Test".While the extrater-ritorial"transformative use"standard can serve as a reference,the specific considerations for this standard urgently need to be identi-fied.It is essential to enhance the legal system and its supporting measures in related fields to foster the development of AI technology and to protect the legitimate rights of copyright holders,thereby balancing the interests of both parties.
generative artificial intelligencetraining datafair usetransformative usebalance of interests