18.01.2024 TDM to train AI

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Are researchers allowed to train AI on copyrighted text excerpts within a project without obtaining authorization and without incurring associated fees?

While the Swiss text & data mining (TDM) exception for research purposes may be considered, ambiguity exists in whether AI training aligns with the definition of TDM under article 24d of the Swiss Copyright Act.

Currently, there is no legal precedent establishing whether researchers can successfully invoke this exception.