79 Ran Vogel Partner The effectiveness of an AI system is largely determined by the scope, variety, and quality of the data it processes during the training phase. AI models are trained on vast datasets, which frequently include content protected by copyright. This practice raises a central legal question: does the use of copyrighted works for machine learning (ML) purposes require the consent of the rights holders? On one side of the debate, creators and copyright owners maintain that such use constitutes infringement and must be subject to authorization. On the other, advocates of open access liken ML to human learning, contending that unrestricted access to information is essential for innovation and technological progress. The Doctrine of Fair Use and training AI models - The Position of the U.S. Copyright Office v. The Position of the Israeli Ministry of Justice
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