Dale Nelson Pens Forbes Article on Trump’s AI Action Plan
Dale Nelson recently authored a Forbes piece analyzing Trump’s AI Action Plan amid a tense legal climate between rightsholders and AI firms. In the article, titled “What Trump’s AI Action Plan Means For Copyright,” Dale delves into the proposed solution and how it stacks up against legislation introduced by the Senate as well as market-based and opt-out solutions offered by some AI firms.
Dale explains that the Trump administration has favored the fair use argument amidst the several high-profile lawsuits on the issue of AI and copyright, and therefore, his AI Action Plan “prioritizes building the country’s AI capabilities and removing regulatory and other barriers to that end.”
However, Dale writes that “How exactly the administration will implement such a rule, whether it will, and what authority the AI Action Plan would have remains to be seen.”
Conversely, Dale adds that Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT) have introduced bipartisan legislation opposing the administration’s viewpoint, requiring AI companies to secure permission from rightsholders before using their work to train their models.
“The AI Accountability and Personal Data Protection Act would create a private tort action against any company using copyrighted material to train an AI system without the copyright owner’s permission,” Dale continues. “The bill also contains provisions that any agreement to the contrary, other than a collective bargaining agreement, would be void.”
Dale concludes that marked-based solutions, like the deal between Amazon and the New York Times, and between Open AI and News Corp. and the Associated Press, and opt-out solutions, which allow users to refrain from allowing AI models to use its own creations to further train itself, have also been raised by AI firms themselves as potential solutions to the copyright battles, which continue to rage on.