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Generative AI and Copyright – Part 2: Computational Data Analysis Exception and Fair Use

David Tan

[2023] SAL Prac 25

Generative artificial intelligence (“AI”) applications require large quantities of authorial works for machine learning purposes in order to produce the appropriate outputs in response to human text prompts. Some of the outputs may substitute for the market demand for the original works or reduce their licensing potential. Part 2 of this two-part article on copyright and generative AI discusses how the computational data analysis exception and fair use provision in the Singapore Copyright Act 2021 may be relevant to understanding liability for copyright infringement in input and output scenarios.