Intellectual property issues in artificial intelligence trained on scraped data

Recent technological advances in artificial intelligence (AI), especially the rise of generative AI, have raised questions regarding the intellectual property (IP) landscape. As the demand for AI training data surges, certain data collection methods give rise to concerns about the protection of IP and other rights. This report provides an overview of key issues at the intersection of AI and some IP rights. It aims to facilitate a greater understanding of data scraping — a primary method for obtaining AI training data needed to develop many large language models. It analyses data scraping techniques, identifies key stakeholders, and worldwide legal and regulatory responses. Finally, it offers preliminary considerations and potential policy approaches to help guide policymakers in navigating these issues, ensuring that AI’s innovative potential is unleashed while protecting IP and other rights.