The increasing adoption and deployment of artificial intelligence (“AI”) enabled tools, platforms, and solutions by market participants in the financial sector, including the securities markets, is now widely recognised, both in India[1] and globally[2].Continue Reading The Consultation Paper on AI Regulation : A Case for Nuance?
The advent of large language models (“LLMs”) such as OpenAI’s GPT and Google’s Gemini has revolutionised how content is created, consumed, and commercialised. These generative AI systems, trained on massive volumes of publicly available data, can now generate human-like expressions at unprecedented pace and scale. While such technological advances are to be welcomed for their potential to enhance human capacity and to contribute to the progress of knowledge, they also raise fundamental yet profound questions about the extent to which the law is equipped to regulate such an foreseeable development.Continue Reading ‘Fair Use’ in the Age of AI
Generative Artificial Intelligence (GenAI) can generate and manipulate our ideas and thinking by creating human-like content via non-human intelligence.[1] These software(s) such as OpenAI’s ChatGPT/ GPT-4, Google’s BARD, inter alia, are initially trained on a large data sets and computing power. After the training, they are capable of self-enhancement to generate unique and personalised content.[2] This has posed novel questions before the copyright experts, as content generation, previously reliant on human inputs, has moved beyond that realm. Now, instead of answers based on user queries – as obtained via Google’s search engine – customized personal content is delivered to the user. Creation of this new content through GenAI has led to concerns on copyright infringement, privacy violation, libel and defamation, etc. Copyright infringement is particularly worrisome as the companies are using the user-generated data to train these software(s), which includes the data generated by minors, amplifying their vulnerability. Questions arise regarding the extent to which the companies can claim ‘fair-use’ exception of the Copyright Act? This article attempts to bring some clarity over these issues. It incorporates two landmark US cases against OpenAI’s ChatGPT and Alphabet Inc., respectively[3], and their implications in India, including the India’s recently-passed Digital Personal Data Protection Act, 2023.Continue Reading Guardians of Genius: Securing Tomorrow’s Generative AI via Copyright Protection