Yea or nay to artificial intelligence? More questions than answers under Malaysian copyright law
Document Type
Article
Publication Date
11-1-2021
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.
Keywords
Artificial intelligence, Balance of interests, Copyright law, Digital rights management, Fair dealing, Technological protection measures
Divisions
fac_law
Funders
Universiti Malaya
Publication Title
Journal of World Intellectual Property
Volume
24
Issue
5-6
Publisher
Wiley