COMMENTARY BY DR. MICHAL MARKIEWICZ FOR RZECZPOSPOLITA – RESPONSIBILITY FOR THE USE OF WORKS FOR LEARNING AI ALGORITHMS

Yesterday’s Rzeczpospolita featured an article by editor Jan Skoumal, in which we were asked to comment on Polish law in the context of liability for the use of works for the purpose of teaching AI algorithms. In addition to the doubts related to the possibility of invoking temporary reproduction (Article 23(1) of the Copyright Act), it is once again surprising that more than 4.5 years have not been enough for us to implement the DSM Directive (2019/790), including the exception for data mining (TDM). We are already 2.5 years past the deadline, and the counter continues to tick. Link to article: https://www.rp.pl/internet-i-prawo-autorskie/art39646041-pozew-przeciwko-sztucznej-inteligencji-czy-bylby-mozliwy-w-polsce