Metaphors we judge (AI) by: a rhetorical analysis of artificial copyright disputes
Abstract This article is a ‘metaphorical’ guide to today’s most pressing artificial intelligence (AI) copyright questions, focusing in particular on the EU and the USA. Is unauthorized training on copyright-protected works permitted? Can AI models copy? And is AI-generated output itself protected? As this article demonstrates, debates on these questions can all be traced back to a handful of crucial metaphors. After all, generative AI is hardly comprehensible without the extensive use of metaphors and analogies. Most notably, AI is systematically conceptualized in human terms such as ‘neural networks’ that ‘learn’, ‘know’ or ‘memorize’. This article aims to demonstrate how such metaphors (unconsciously) influence legal evaluations and even judicial decisions in copyright law. The resulting analysis is particularly relevant to lawyers, judges and artists interested in copyright and its intersection with AI. Yet, it may also appeal to those interested in AI, legal reaso
Abstract This article is a ‘metaphorical’ guide to today’s most pressing artificial intelligence (AI) copyright questions, focusing in particular on the EU and the USA. Is unauthorized training on copyright-protected works permitted? Can AI models copy? And is AI-generated output itself protected? As this article demonstrates, debates on these questions can all be traced back to a handful of crucial metaphors. After all, generative AI is hardly comprehensible without the extensive use of metaphors and analogies. Most notably, AI is systematically conceptualized in human terms such as ‘neural networks’ that ‘learn’, ‘know’ or ‘memorize’. This article aims to demonstrate how such metaphors (unconsciously) influence legal evaluations and even judicial decisions in copyright law. The resulting analysis is particularly relevant to lawyers, judges and artists interested in copyright and its intersection with AI. Yet, it may also appeal to those interested in AI, legal reasoning and language more generally, as metaphors and their (rhetorical) effects are by no means unique to copyright and may be equally relevant in fields such as privacy law and (legal) philosophy.
Executive Summary
This article provides a rhetorical analysis of artificial intelligence (AI) copyright disputes, focusing on the EU and USA. It explores how metaphors used to describe AI, such as 'neural networks' that 'learn' or 'memorize', influence legal evaluations and judicial decisions in copyright law. The article argues that understanding these metaphors is crucial for lawyers, judges, and artists interested in copyright and AI. It also highlights the broader relevance of metaphors in legal reasoning and language, with implications for fields like privacy law and legal philosophy.
Key Points
- ▸ The use of metaphors in AI copyright disputes can shape legal evaluations and judicial decisions
- ▸ The article examines the EU and USA approaches to AI copyright questions
- ▸ The analysis has implications for lawyers, judges, artists, and those interested in AI, legal reasoning, and language
Merits
Interdisciplinary Approach
The article's integration of rhetorical analysis, copyright law, and AI studies provides a comprehensive understanding of the complex issues involved
Demerits
Limited Geographical Scope
The article's focus on the EU and USA may limit its applicability to other jurisdictions, which may have different approaches to AI copyright questions
Expert Commentary
This article provides a timely and insightful analysis of the role of metaphors in AI copyright disputes. The author's use of rhetorical analysis to examine the language and concepts used in AI copyright law is a significant contribution to the field. The article highlights the need for a nuanced understanding of the complex issues involved in AI copyright disputes and the importance of considering the broader implications of metaphors in legal reasoning and language. As AI continues to evolve and play a larger role in creative industries, the analysis presented in this article will be essential for lawyers, judges, and policymakers seeking to navigate the complex landscape of AI copyright law.
Recommendations
- ✓ Further research should be conducted to explore the use of metaphors in other areas of law, such as privacy and contract law
- ✓ Policymakers and legal professionals should engage in interdisciplinary dialogue to ensure that AI copyright policy is informed by a deep understanding of the technology and its implications