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

Sik, Cheng Peng (2021) Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law. Journal of World Intellectual Property, 24 (5-6). pp. 368-382. ISSN 1422-2213, DOI https://doi.org/10.1111/jwip.12196.

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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.

Item Type: Article
Funders: Universiti Malaya
Uncontrolled Keywords: Artificial intelligence; Balance of interests; Copyright law; Digital rights management; Fair dealing; Technological protection measures
Subjects: J Political Science > JA Political science (General)
K Law > K Law (General)
Divisions: Faculty of Law
Depositing User: Ms Zaharah Ramly
Date Deposited: 07 Sep 2022 01:53
Last Modified: 07 Sep 2022 01:53
URI: http://eprints.um.edu.my/id/eprint/35112

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