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International Journal of Science and Research Archive
Article . 2026 . Peer-reviewed
Data sources: Crossref
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
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The Legal Status of AI Training Data: A Cross-Jurisdictional Analysis of Copyright, Fair Use, and Text-and-Data Mining

Authors: Riaz, Chaudhary Hamza;

The Legal Status of AI Training Data: A Cross-Jurisdictional Analysis of Copyright, Fair Use, and Text-and-Data Mining

Abstract

This study examines whether training artificial intelligence systems on large-scale datasets constitutes copyright infringement and how legal outcomes differ across the United Kingdom, European Union, and United States. Using a comparative doctrinal methodology, it analyses statutes, case law, and regulatory instruments alongside the technical stages of scraping, tokenization, and parameterization to identify where acts of reproduction arise. The findings show that AI training inherently involves copying, but the legality of that copying varies: the UK maintains the strictest regime with narrow exceptions, the EU permits training through structured TDM rules with opt-outs, and the US provides the broadest protection under fair use. This fragmented landscape creates significant uncertainty and compliance burdens for developers while offering limited clarity for creators seeking compensation or control. The study concludes that harmonized reforms, improved transparency, and clearer statutory definitions are essential to balance innovation with the rights and economic interests of creators.

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Keywords

Training data, AI, Copyright, UK law, Machine learning, Fair use, Reproduction right, EU law, Digital regulation, US law, Text-and-data mining

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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