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Intellectual Property Law

Penn State Dickinson Law

Artificial Intelligence

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Full-Text Articles in Law

Training Is Everything: Artificial Intelligence, Copyright, And “Fair Training”, Andrew W. Torrance, Bill Tomlinson Oct 2023

Training Is Everything: Artificial Intelligence, Copyright, And “Fair Training”, Andrew W. Torrance, Bill Tomlinson

Dickinson Law Review (2017-Present)

In this Essay, we analyze the arguments in favor of, and against, viewing the use of copyrighted works in training sets for AI as fair use. We call this form of fair use “fair training.” We identify both strong and spurious arguments on both sides of this debate. In addition, we attempt to take a broader perspective, weighing the societal costs (e.g., replacement of certain forms of human employment) and benefits (e.g., the possibility of novel AI-based approaches to global issues such as environmental disruption) of allowing AI to make easy use of copyrighted works as training sets to facilitate …


Predictive Analytics, Daryl Lim Jan 2019

Predictive Analytics, Daryl Lim

Faculty Scholarly Works

“Predictive Analytics” blends the latest research in behavioral economics with artificial intelligence to address one of the most important legal questions at the heart of intellectual property law and antitrust law – how do courts and agencies make judgments about innovation and competition policies? How can they better predict the consequences of intervention or non-intervention?

The premise of this Article is that we should not continue to build doctrine at the IP-antitrust on theoretical neoclassical assumptions alone but also on the reality of markets using all that AI has to offer us. Behavioral economics and AI do not replace traditional …