The lawful use of copyrighted content and AI-based content filtering on platforms: Risks, limitations, and opportunities

In this chapter I discuss key issues related to the EU framework for the lawful use of copyrighted content under the Copyright in a Digital Single Market Directive (CDSMD) 1 and the Infosoc Directive 2, focusing in particular on the control. mechanisms established by the European legislator for content uploaded on online platforms (OPs). Specifically, I aim to explore the opportunities and limitations of using Artificial Intelligence (AI) systems 3 to regulate such content, especially material covered by the parody, pastiche, and caricature exception in Art. 5(2)(k) of the Infosoc Directive (so-called “parody exception”). I aim to show that, within the current regulatory framework, the automated control carried out by Artificial Intelligence systems is inadequate to meeting the goals of European regulations. I will explore a potentially more efficient alternative, specifically the use of what is referred to as Symbiotic Artificial Intelligence.