April Edition 2024

60 a serial litigant, who sought recognition of artificial intelligence as a creator. The second situation deals with a situation in which the work was created through direct guidance or assistance of human beings - in this case artificial intelligence serves as a tool to achieve a defined objective or result, while the human being contributes significantly to the final work. It can be claimed, for example, that an artificial intelligence system, like a camera, is merely a tool used by the creator to express an original idea in a tangible way. In this case, it is quite possible that these works will be recognized as eligible for copyright protection, depending on the human involvement and the ability to prove it. This conclusion needs to be taken with a grain of salt, since the analysis brought here is correct to date. We are all aware of the fact that the legal system lags behind the dynamic technological reality and it may well be that the rules will change in the future. A creative solution is required for the issue of legal exposure One of the first important questions arising with the introduction of artificial intelligence into the world of individual users is whether training artificial intelligence using protected works may expose users to lawsuits. Training artificial intelligence, mainly through machine learning (ML), is currently an integral part of development in artificial intelligence ventures. The Israeli Ministry of Justice determined in its opinion that it is permissible to train artificial intelligence with protected works, and that excluding exceptional instances, this does not constitute copyright infringement and is considered “fair use,” but - and this is a big but - this does not affect the legality of the products. In the United States, for example, many claims have been filed by artists for illegal use of their works as part of training artificial intelligence models, and we must continue to follow this in order to see how the U.S. justice system, from which Israeli justice system draws quite a bit, chooses to deal with this issue. In most cases, artificial intelligence platforms’ terms of use include conditions according to which they do not bear responsibility related to the products. This means increased legal exposure for users. Here enters Microsoft. Microsoft has invested a lot in artificial intelligence through products such as Copilot, GitHub and Bing Chat, which can create unique code, text and pictures on demand. The software giant announced that it will provide legal defense for clients who are sued for copyright infringement for content created using its artificial

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