Copyright Exceptions Reform and AI Data Analysis in China: A Modest Proposal

The development of artificial intelligence (AI) technology is firmly connected to the availability of big data. However, using data sets involving copyrighted works for AI analysis or data mining without authorization will incur risks of copyright infringement. Considering the fact that incomplete data collection may lead to data bias, and since it is impossible for the user of AI technology to obtain a copyright license from each and every right owner of the copyrighted works used, a mechanism that can free the data from copyright restrictions under certain conditions is needed. In the case of China, it is crucial to check whether China’s current copyright exception model can take on the role and offer that kind of function. This chapter suggests that a special AI analysis and data mining copyright exception that follows a semi-open style should be added to the current exceptions list under the Copyright Law of China.