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

Abstract

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.

The Influence of Artificial Intelligence on Copyright Law

“…Adaptation of Legal Frameworks: The challenges posed by AI to copyright law provide an opportunity for lawmakers, scholars, and practitioners to revisit and adapt existing legal frameworks. This adaptation process can lead to more flexible, forward-looking legislation that accommodates technological advancements while protecting creators' rights and promoting public access to creative works (Sik, 2021). International Collaboration: As AI technologies transcend national boundaries, the complex issues they raise for copyright law necessitate international collaboration and harmonization of legal standards.…”

“…The variability in how different jurisdictions approach these issues highlights the potential for inconsistency and uncertainty, which could stifle innovation and the dissemination of AIgenerated content. As AI continues to evolve and become more integrated into creative processes, the legal system must adapt to ensure that copyright law remains relevant and effective in protecting the rights of creators while fostering innovation and access to new forms of creative expression (Sik, 2021). The emerging legal discourse and precedents related to AI and copyright law signify the beginning of a complex and ongoing journey.…”

“…The dialogue surrounding AI and copyright continues to evolve, presenting a unique paradox: as AI becomes more integrated into creative processes, the legal frameworks governing those processes must adapt to ensure that innovation flourishes while rights are protected. As Sik (2021) aptly notes, the journey of copyright law in the age of AI raises more questions than answers, necessitating ongoing research, debate, and ultimately, legislative and policy reforms to mitigate the challenges posed by this technological phenomenon (Sik, 2021).…”