The Legality of the Unauthorised Use of Copyrighted Works to Train Artificial Intelligence Systems in the Kingdom of Saudi Arabia

Abstract

Qualitative leaps in artificial intelligence (AI) technologies have ushered innovative and technological progress, which is the emergence of a new era. Machine learning techniques are fundamental in the programming and development of AI systems, which require a huge amount and variety of data to be used in training processes, including copyrighted works. This dissertation focuses on the complex interaction between AI and copyright regulatory frameworks within developed countries; it conducts a comparative analysis of the regulatory frameworks of the United States, the United Kingdom and the European Union in order to consider what measures can be applied to the relevant framework of the Kingdom of Saudi Arabia. This dissertation follows the life cycle of AI from a technological and legal perspective; it subsequently analyses the utilisation of copyrighted works as training data for AI systems, considering whether exceptions established by legal frameworks can legitimise such uses. In cases where an infringement may arise, a thorough investigation will identify the person responsible. In its conclusion, this study suggests that the Saudi copyright law be reformed in order to cover the field of intersection between copyright and AI. This requires a carefully considered legal framework that expands the scope of ‘lawful use’ exceptions and builds a safe haven for copyright holders through a ‘technological opt-out’ restriction. This reform is necessary and harmonious with the Kingdom of Saudi Arabia’s aim of being amongst the world’s leading countries in the field of artificial intelligence.