The Impact of Using Artificial Intelligence on the Civil Law Regulation of Databases

Abstract

The creation of artificial intelligence and the organization of its functioning are directly related to the active use of databases. It gives rise to a number of complex legal issues. Thus, databases are an integral part of an artificial intelligence system, and the operation of artificial intelligence itself often involves the use of third party databases. In this regard, it is important to know the legal regime applicable to databases forming part of an AI system, as well as how the choice of database type affects protectability, etc. Data labelling occupies a special position. Its importance for the system’s operation requires an understanding of its place within the legal framework, as well as what measures need to be taken to ensure protection of labelled data. Carrying out data labelling may be regarded as a key factor demonstrating significance of the database producer’s costs in creating the database; at the same time, its use may be a factor taken into account when holding liable a person who has infringed the rights to someone else’s database. A separate set of problems arises in connection with the training of artificial intelligence. This process requires the largescale use of third party results of intellectual activity and has significant public importance. A number of issues are related to the specifics of distributing large language models. The models of licensing not only determine the conditions for commercial use, but must also be taken into account when assessing the emerging risks: it is worth noting both the consistent development of models based on previous ones and the inheritance of legal risks, etc. From a practical point of view, it is worth noting the combination of paid (“closed”) model frameworks and free (opensource) models. The author of article analyses the aforementioned issues and proposes ways to address the issues that arise. The paper concludes these problems may be resolved within the framework of the current legislation, provided that legal doctrine and the courts for sure pay close attention to them.