The Surprising Truth About “No AI Scraping” Notices: Are They Really Shielding Your Creative Work?
Additional causes of action may include unjust enrichment, breach of contract (assuming you have set up a Terms of Use on your copyright page), and misappropriation. A cause of action may also exist under the Digital Millenium Copyright Act (DMCA) § 1202 if the AI scraping involves the removal and destruction of copyright management information (CMI).
The New York Times took the AI Scraping Prohibition / Contract claim approach by modifying its Terms of Service to prohibit using its content “for the development of any software program, including … training machine learning or artificial intelligence (AI) system.” Bear in mind, the New York Times has a paywall, in addition to AI scraping prohibitions.
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