The Caribbean  Journal of Law , Policy and Social Change  was started in 2010  as  the Caribbean Law Journal Online to promote writing and scholarship in law and policy the Caribbean community. In recognition of  the lasting and transformative value of social change , and the need to incorporate policy practices that create positive impacts in legislation, policymaking and implementation, the journal has been rebranded as the Caribbean Journal  of Law, Policy and Social Change. This is a peer reviewed journal sponsored by the Caribbean and Americas Intellectual Property Organization (www.caaipo.org). We invite you to contribute your expertise in collaboration with those who support the concept of scholarship for development of the Caribbean and its peoples. We welcome submissions on interdisciplinary research which examines current and future areas of many field in the humanities including economic, environmental , sociological , climte related, gender isuues, food security , intellectual property and others. The aim is to broaden the discourse on the future of the region and to help move individuals, groups and scoieties in the region towards a more just and sustainable future.

We welcome your submissions and look forward to adding your contributions to the discourse.

Intellectual Property, Technology and Innovation for economic development and Social Change in the Caribbean Community (Caricom).

By Dr. Abiola Inniss Ph.D. LLM

Abstract

Caribbean countries, particularly those within the formal structure of CARICOM (The Caribbean Community), find themselves at the juncture of an urgent need for greater self sufficiency for food security, mitigating the effects of climate change, and improving the quality of life for citizens.  In an age of advanced and continuously advancing internet, artificial and mechanical technologies, the region is severely lacking in resources that can provide significant benefits in bolstering economic growth, protecting and providing new livelihoods, and reducing the challenges of food insecurity. Many of these technologies are already in use in other parts of the world and the majority of this knowledge is protected by intellectual Property Rights (IPRs).

The concept of intellectual property (IP) has been linked to the creation of change in communities through enhanced economic opportunities and tangible benefits where it can be properly implemented and utilized. Some opponents of bolstered intellectual property rights argue that their restrictive nature prevents individuals from accessing and using resources freely, thereby preventing them from reaping economic benefit and furthering the development of technologies which are useful to them.  This essay posits that In order to successfully exploit intellectual property within the context of maximizing economic growth in the Caribbean community, it is important to invest in areas that are IP and knowledge based intensive. This in turn can foster the production of goods and services that are rich in innovation and make meaningful changes for consumers, businesses, and the larger community across the Caribbean region.

Social change and Intellectual Property.

            The concept of social change has been described by some thinkers as comprising thoughts and actions which move progressively from one epoch to another and sometimes bring improvement to the community under consideration. It is also notable that as the frequency and intensity of dramatic social change continues to increase in today’s world It is also thought that social change can be regressive and encompass negative developments for a community[1]. The quality of change and the direction that it takes must therefore be defined within the context of this essay, since it should not be assumed that all social change is positive. The idea of social change can be associated with positive impact on the community or on the society at large, however the reality of change of any kind is that it brings a different state of existence into being which can be positive or negative. The ideas of social change have historically been represented in three major cycles in scholarly teaching in different societies. First there is the idea of decline and degeneration, then there is cyclical change in which there are recurrent phases of growth and decline, and last, there is the idea of continuous progress. In any society all three of these patterns can be observed in relation to a number of aspects of its existence so that it is important to delineate clearly amongst them[2].

            The construct of intellectual property may also be linked to the creation of change in communities through enhanced economic opportunities and tangible benefits where it can be properly implemented and utilized. Some opponents of bolstered intellectual property rights argue that their restrictive nature prevents individuals from accessing and using resources freely, thereby preventing them from reaping economic benefit and furthering the development of technologies which are useful to them[3]However, there is little evidence of any significant technological developments in the absence of IPRs in the Caribbean region. In fact, the Caribbean region has lagged behind in technological developments in all of its member countries whether or not these countries have current IP laws. In investigating the levels of innovation in the four largest economies in the region, namely, Guyana, Jamaica, Trinidad and Barbados in a 2017 study, Guyana was found to have the greatest amount of innovation while its IP system was the weakest in the Caricom region[4]. There is little current evidence to suggest that this has changed for Guyana and the WIPO Global Innovation Index 2024 does not provide any rankings for the country. Over the past 30 years communities across the Caribbean have been plagued by a decline in export diversification and a growing specialization in the markets to which they export. These exports are mainly comprised of low value-added goods, raw materials and a few commodities. Tourism, goods and services also receive stiff competition from other parts of the world and are affected by global financial fortunes[5]. Additionally, the small population size and the lack of emphasis on science and technology development by regional governments have made advancements in this area miniscule in comparison to the use of imported technologies by the population.

       There continues to be some considerable debate by international scholars as to whether the development of innovation and technology in the global south (developing countries) needs to be prompted by government or there can be dependable development from individuals and small to medium sized businesses which will propel it in a manner that will change the technology landscape in major and meaningful ways[6]. Questions also arise as to whether developing countries can use IP to advance their development strategies relevant to sustainable development and to meeting international goals such as those set out by the United Nations on poverty and hunger[7].It is important to recognize that sensible, robust public policy and administration are key elements in addressing these challenges, and in the case of Caricom can be a critical means of bolstering competitiveness using IP, innovation and technology.

 Economic analyses by international scholars carried out over the past twenty years have led to different conclusions about the effects of IPRs on the economies of developing countries. In some instances, the findings were that countries with greater levels of FDIs and stronger IP protections showed stronger growth in technological developments and foreign countries were more likely to invest there by opening factories and outsourcing manufacturing. Conversely countries which engaged in imitation of technologies had a more difficult time attracting investment and foreign capital which were needed to enhance their economic development[8].

            While there have been suggestions that within the context of the Caribbean countries that technological development can be best advanced by imitation followed by innovation, this implies that government policies would have to incorporate the unlicensed use of intellectual property often in contravention of national laws or/ international agreements. It is important to note that all Caribbean countries are signatories to the WTO TRIPS agreement, and that many of them have enacted at least the minimum requirements into their IP legislation. Additionally, some of them are signatories to a number of IP treaties which require certain minimum standards and reciprocal arrangements for protections. The international legal considerations and basic diplomatic concerns of unlicensed imitations are therefore of critical importance.

The Diplomacy of Intellectual Property

           International Intellectual Property law and Policy and its attendant diplomatic protocols and concerns can be considered a very important part of international relations. The simple explanation is that IP is an essential tool of economic growth in developed countries and has been so recognized as early as the 1623 British Statute of Monopolies which was later replaced by the Statute of Anne, 1710[9]. This central tenet is also enshrined in the United States Constitution Article 1 Section 8, Clause 8[10]on intellectual property as follows “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” In the Caricom (Caribbean Community) region, the 1987 Constitution of Haiti [11]at Article 38, explicitly stipulates that artistic, literary or scientific works are protected by law, and may be the only Caricom state in which this protection is embedded in the constitution.  The seriousness with which this branch of regulation has been treated by some policymakers is a clear acknowledgement of the importance of controlling the amount, extent of access and, usage of intangibles related to creativity and technological development. It is also a major aspect of trade negotiations and over several decades has been hotly debated as to whether its exploitation benefits developed nations more than developing ones.

            The TRIPS Agreement administered by the World Trade Organization[12] has been a hotbed of argument on both sides of this contention, and there is still some resistance to writing its minimal requirements into the domestic laws in some developing countries. In some cases, countries have acquiesced to the TRIPs agreement as members of the World Trade Organization (WTO) but refuse to enact legislation or update laws which reflect the requirements of the TRIPs agreement. There is in effect a signing on to the agreement but not a signing in to it.  Some developing countries have adopted just such a stance and continue to avoid the issue of strengthening intellectual property rights legislation and enforcement whilst managing to engage in trade and other activities. The issue remains whether these countries are still able to advance development at a pace that benefits them as a whole instead of the promulgation of a narrow agenda based on limited views of IP rights resulting in a balance of power that is detrimental to the country’s economy. It is in fact the balancing of these very interests at the local and international levels that has proved daunting to some policymakers.

Some specific difficulties faced by developing countries in international IP negotiations.

Developing countries have concerns about intellectual property (IP) negotiations for a number of reasons, including: 

(a)    Economic impact:

Developing countries are concerned that stronger IP protection would

• • Drive up prices 

• • Allow foreign interests to benefit from indigenous knowledge and biological resources 

• • Limit growth in developing nations 

• • Be an extension of monopolistic practices by multinational companies. 

(b)    Access to medicines:

Developing countries are concerned that stronger IP protection could impede access to medicines. This debate became particularly fierce during the COVID19 pandemic 2020.   

(c) Enforcement standards:

Developing countries often negotiate agreements with high levels of IP protection and enforcement standards, but these agreements often lack concrete provisions on licensing and cooperation.

(d)   Political and Economic tools:

Some argue that developed countries use IP as a political and economic tool to prevent others from using it. 

Other issues in IP negotiations include: 

• The complex relationships between Intellectual Property (IP), Genetic Resources (GRs), Traditional Knowledge (TK), and Traditional Cultural Expressions (TCEs). 

• The need for negotiators to have a high degree of substantive expertise.

• The need for extensive coordination and policy coherence at the national level.

• The need to protect geographical indications to avoid misleading the public, and to prevent unfair competition. 

As outlined above, the diplomacy of intellectual property is fraught with issues of politics and economics at individual country and regional levels. In the case of Caricom, The Revised Treaty of Chaguaramas[13] which is the legal instrument establishing the Caribbean Community (Caricom), provides in its Article 66 for the establishment of a regional administration for intellectual property rights with the exception of copyright, but governments have been unable to agree on the creation of such a mechanism. It is clear that conflicting policy interests and lack of political will have stymied the process to the extent that the only regional activity on intellectual property over the past decade at minimum has come from the European Union and other bodies which have created widescale programs to promote the knowledge and use of intellectual property rights at country levels in collaboration with Caricom. The difficulty with this is that the agenda of these international bodies does not take into account local idiosyncrasies and while the general policy is to encourage the use of local provisions for IP, it is not necessarily concerned with whether the available resources are adequate or function in a way that makes it easily accessible or makes sense financially for those seeking the protections. Indeed, the latter is solely in the purview of the local policymakers who are often less than enthusiastic about addressing these issues for reasons previously delineated above.

Creating a strategy for social change through intellectual property for the Caribbean Community.

The basis of social change through intellectual property is that the positive aspects of implementing it as a tool for benefit to communities and individuals must be highlighted and implemented. There may be serious misgivings by policy makers as to the economic impact of IP implementation with regard to international economic relations, such as foreign interests benefitting from traditional knowledge, or onerous impacts on local prices for goods and services, and the potential retardation of development of local industries, and restricted access to medicines. Conversely, there are significant benefits to be had from the implementation of intellectual property rights.

Intellectual property (IP) can help developing countries, especially in the Caricom region, to advance their development strategy in several ways, including: 

• Promoting innovation

IP protection allows innovators and investors to recoup their investment in bringing new products to market. This encourages domestic innovation and foreign direct investment. 

• Supporting creative industries

IP tools and resources help creators retain control over their work, secure fair revenues, and incentivize further creativity. Creative industries like music, film, software, design, and publishing can generate job opportunities and foster local innovation. 

• Attracting investment

Strong IP frameworks increase investor certainty and lead to increased funding for local creative projects and industries. 

• Diversifying economies

IP can help developing countries diversify their economies and exports. 

• Participating in the global economy

IP systems can create a framework for developing countries to participate in the economic activities in the global economy. This may be intra-regional or at a greater global level amongst other developing or developed countries.

It is within this context that Caricom countries should look for opportunities to use intellectual property to benefit businesses, communities, and their economies as a whole. In creating a strategy for IP the policymakers must first establish a vision for at least a medium term development plan which includes a focus on science technology and innovation. This may seem to be daunting given the availability of resources. However, if one considers the example of neighboring Cuba which in spite of its economic woes still dedicates a sizeable amount of its GDP to science was approximately  0.32 % of its GDP as at 2021.This is interestingly, higher than that spent by Kuwait which showed 0.08 % at 2021,and in similar vein to China Macao special Administrative region which showed 0.38 % at 2021[14] (UNESCO, 2022).The dedication to science and development of the Cuban government in consideration of the economic circumstances, still provides a clear example of an adaptable approach that can be considered and even implemented in a sustainable manner.

Most Caricom countries do not have a percentage of GDP allocated to science and technology with the exception of Trinidad & Tobago which registered 0.05 % at 2021[15].The figure for Latin America and the Caribbean on average was 0.55 %. This is a clear indication that research and innovation are not necessarily policy priorities in the Caricom region and therefore the issues of IP and the development of technology have not been examined and approached with advancement and competitiveness in mind. For most of the countries in the region that have enacted legislation, it has been the result of the need to comply with elements of the TRIPs agreement in fulfillment of WTO requirements for trade relations especially as relates to Foreign Direct Investments (FDIs) in imports and exports, tourism, and hospitality.

Innovation occurs when people have the resources and the willingness to create new things. The necessary resources often vary greatly from one industry to another, and policy measures also have an impact on this. The National Innovation Pathway 2023 of the United States of America[16] is a White House office of Science and Technology Policy paper which was created in collaboration with the US department of Energy and the US department of State demonstrates an approach that facilitates an equitable distribution and availability of supporting resources to all innovators and entrepreneurs. This is obviously tied in with the economic plan which fosters innovation at all levels, encouraging entrepreneurship across the economic spectrum, and not simply focused on large industrial concerns.

Elements of a national strategy.

A national strategy for intellectual property and innovation should be crafted to encompass policies for the development of innovation and technology alongside programs that promote the development of entrepreneurship and creativity within communities in the country. Universities and other technical institutions need to be prioritized for funding and other resources such as technical collaborations with other international institutions and companies. As in the case of the developed countries discussed above, a national strategy for economic development, innovation and technology must incorporate appropriate policy and legal frameworks which also allow for more equitable distribution of resources to encourage endogenous creativity and problem solving. This will help to decrease the gap between those who have access to training and funding and those with less resources. It will also help to generate solutions to local problems.

Developing a regional intellectual property and innovation strategy, and the new UN Global Digital Compact

Advocacy for Intellectual Property Rights does not translate into blind transport unto the innovation train. The fact is that IPRs themselves are not sufficient to encourage innovation. As noted before there is need for policy and funding that targets innovation and which are protected and bolstered by measures that give entrepreneurs and innovators broad support. Intellectual property is but one aspect of a comprehensive plan for the development of innovation and technology which will impact the lives of communities and the national economies of developing countries in a manner that is uplifting and beneficial.

 In order to successfully exploit intellectual property within the context of maximizing economic growth, it is important to invest in areas that are IP and knowledge based intensive. This in turn can foster the production of goods and services that are rich in innovation and make meaningful change for consumers, businesses, and the larger community. If this situation is to be achieved, it is imperative to develop a comprehensive knowledge optimization strategy for each country within the Caricom region.

 At this point it is important to include the TRIPS agreement (Trade Related Aspects of Intellectual Property Rights) administered by the World Trade Organization ( WTO) [17]which sets out the minimal requirements for IPRs for countries that are members of the WTO. All Caricom countries are WTO members, and this membership is a critical component in their ability to do business internationally. WTO members cannot legislate below the minimal standards of TRIPS without incurring the risk of dispute settlement under the Dispute settlement Agreement which would have serious consequences for the countries involved. The TRIPS agreement contains some flexibilities on how the rules may be implemented and in what circumstances these allowances can  be applied. For example, under these flexibilities WTO members may exploit creative means of transposing into national law and practice those concepts which the TRIPS agreement enunciates but does not define. These may include concepts of novelty and inventiveness or situations of emergency such as those related to public health or biodiversity protections.

As a result, the TRIPs agreement, to the extent that it has been implemented by the countries, affects the ways in which IPRs are viewed and utilized. Across the Caricom region there are varied levels of implementation of the TRIPS requirements which have resulted in some instances in the enactment of full suites of IP legislation across the range of IPRs and in others (e.g. Guyana) the laws remain the same as at pre-independence 1966.

The United Nations Global Digital Compact[18] is a new initiative formalized on December 24,2024 which aims to establish principles, objectives, and actions for an open, free and secure digital future for all peoples. According to the policy brief it is based on universal human rights and intends to advance the attainment of the Sustainable Development Goals. This new initiative is based on the understanding that the digital divide between developed and developing countries has increased greatly with the advent of new artificial intelligences which have created a much wider chasm in economic benefits from innovation and technology in all areas in which they are deployed. These include of course medicine and medical technologies, business and enterprise, manufacturing, agriculture and other sciences which are critical for developing countries. It recognizes that digital technologies have moved beyond internet and mobile technologies to generative artificial intelligence, autonomous artificial intelligence, blockchain systems, digital currencies and quantum technologies. The UN has established a new Office for Digital and Emerging Technologies as of January 1st, 2025, to oversee the goals of this new initiative. At this time Caricom has not pronounced any new initiatives which will examine this fast-paced technological growth and make any recommendations for policy and development concerning it.

Conclusion.

The importance of innovation and technological development in the developing world is a topic of significant concern, especially in the face of serious challenges in to the survival of communities from climate change, food insecurity, communicable diseases and non- communicable diseases such as HIV and AIDS and other maladies. Modern technologies often help to alleviate and even eradicate some threats to the very existence of communities. It is critical that appropriate and relevant resources become available where they are needed, from medicines and treatment options and technological devices to the cultivation of food crops management, and farming techniques that support communities in providing food security. Many of these technologies are available in the developed world and some have been deployed in developing nations through international Aid agencies with local adaptations to make them relevant and successful in the communities that employ them. One example is the food farming practices undertaken by the Kenyan government, known as Kenya Climate Smart Agriculture Project (KCSAP)[19].

 The KCSAP program utilizes available technologies from water management, selection of crop varieties that are climate resilient, drones for precision farming and apps that give farmers access to information and technical assistance. As a result, intellectual property plays a key role in the further development of applicable and useful technologies since patents, industrial designs and other applicable rights help innovators to retain ownership and to distribute rights in a fair and equitable manner.

Caricom countries and the regional body itself need to rethink the way they strategize for the future of the region and its communities. The Kenyan model mentioned above is a key example of how innovation and technology can revolutionize food security and economic prosperity in a developing country. It is a model that can be adapted for regional development, and which should be considered by regional and national authorities. Additionally, as mentioned above in discussing the UN Digital Compact the relevant  new digital technological developments need to be harnessed and deployed in the region  expeditiously and as  far as possible.

In spite of the challenges faced by the nations in Caricom, there is evidence that by reshaping thinking and policy approaches to strategically implement technologies that can improve food security, mitigate climate change and improve the distribution and availability of medicines and health care, the region can attain a higher standard of living for its citizens. Collaboration with extra-regional scientific communities, along with endogenous innovations are the key components to such a strategy. Intellectual Property law and policy help provide a framework for encouraging adequate compensation to innovators and protections for creating the much-needed technology.

References

Cambridge University Press. (2017). The Cambridge Handbook of Sociology : Core aeas in sociology and the development of the discipline. Cambridge, UK: Cambridge University Press.

Chen, Y., & Puttitanum, T. (2005). Intellectual property rights and innovation in developing countries. Journal of development Economics, 474-493.

Ezell, S., & Cory, N. (2019, April 25). The way forward for intellectual property internationally. Retrieved from Information Technology & Information Foundation: https://itif.org/publications/2019/04/25/way-forward-intellectual-property-internationally/

Gervais, D. (2009). Of Cluster and Assumptions: Innovation as part of a full TRIPS implementation. Fordham Law Review, 2353-2377.

Inniss, A. (2017). Examining Intellectual Property Rights, innovation and technology within the Caricom Single Market and Economy. United States: Walden Dissertations and Doctoral Studies 4223. Retrieved from Kenya Climate Smart Agriculture Project: https://scholarworks.waldenu.edu/dissertations/4223

Kenya Clinate Smart Agriculture Project. (2025). Retrieved from Kenya Climate Smart Agriculture Project: https://www.kcsap.go.ke/

Lorenczik, C., & Newiak, M. (2012). Imitation and innovation driven development uner imperfect intellectual proerty rights. European Economic Review, 1361 -1375.

National Innovation Pathways of the United States 2023. (n.d.). Retrieved from National Archives and Record Administration: https://bidenwhitehouse.archives.gov/wp-content/uploads/2023/04/US-National-Innovation-Pathway.pdf

Office, U. S. (2024). National Strategy for Inclusive Innovation. Retrieved from US Patent and Trademark Office: https://www.uspto.gov/sites/default/files/documents/NationalStrategy.pdf

Overview The TRIPS Agreement. (2025). Retrieved from World Trade Organization: https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

Revised Treaty of Chaguaramas. (2025). Retrieved from Revised Treaty of Chaguaramas: https://treaty.caricom.org/

The Constitution of the Republic of Haiti 1987. (2025). Retrieved from WIPO LEX: https://www.wipo.int/wipolex/en/legislation/details/7837

The Constitution of the Republic of Haiti 1987. (2025). Retrieved from WIPO LEX: https://www.wipo.int/wipolex/en/legislation/details/7837

The Statute of Anne ; April 10, 1710. (n.d.). Retrieved from Yale Law School, The Lillian Goldman Library, The Avalon Project: https://avalon.law.yale.edu/18th_century/anne_1710.asp

UNESCO. (2022). Science,technology and innovation : 9.5.1 Research and development expenditure as a proportion of GDP. New York: UNESCO. Retrieved November 4, 2024, from https://data.uis.unesco.org/index.aspx?queryid=3684

United Nations. (2025, March 11). United Nations Department of Economic and Social affairs , sustainable development goals. Retrieved from United Nations Deapartment of Economic and Social Affairs: https://sdgs.un.org/goals

United States Government. (2025). Constitution of the United States. Retrieved from United States Senate: https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm

Weinstein, J. A. (2010). Social Change. Lanham, Maryland: Rowham & Littlefield.

[1] (Weinstein, 2010)

[2] (Cambridge University Press, 2017)

[3] (Ezell & Cory, 2019)

[4] (Inniss, 2017)

[5] (Inniss, 2017)

[6] (Chen & Puttitanum, 2005)

[7] (United Nations, 2025)

[8] (Lorenczik & Newiak, 2012)

[9] (The Statute of Anne ; April 10, 1710, n.d.)

[10] (United States Government, 2025)

[11] (The Constitution of the Republic of Haiti 1987, 2025)

[12] (Overview The TRIPS Agreement, 2025)

[13] (Revised Treaty of Chaguaramas, 2025)

[14] (UNESCO, 2022)

[15] (UNESCO, 2022)

[16] (National Innovation Pathways of the United States 2023, n.d.)

[17] (Overview The TRIPS Agreement, 2025)

[18] (United Nations, 2025)

[19] (Kenya Clinate Smart Agriculture Project, 2025)

Global Divergence in AI Copyright Liability: A Comparative Analysis of Fair Use, Text and Data Mining, and Fair Dealing in the US, EU, and Caribbean (2025),

By. Dr. Abiola Inniss Ph.D. LLM, ACIarb

Abstract

This article analyzes the diverging legal frameworks governing AI training and copyright in the United States, European Union, and Caribbean as of late 2025. In the United States, the judiciary has established a "conditional fair use" doctrine (Bartz v. Anthropic, Kadrey v. Meta), where training is transformative but liability arises from illicit data sources ("shadow libraries") or market substitution. The European Union enforces a statutory compliance regime under the AI Act, permitting text and data mining (TDM) only where rights holders have not exercised machine-readable opt-outs (e.g., C2PA). In the Caribbean, notably Barbados, legislative reforms prioritize creator sovereignty, rejecting broad TDM exceptions in favor of collective licensing. The analysis concludes that global AI liability is fractured: permitted as fair use in the US (with caveats), conditional on protocols in the EU, and largely infringing in the Caribbean, creating a complex compliance landscape for global AI development.

Executive Summary

As the global digital economy transitions into late 2025, the legal frameworks governing the intersection of Artificial Intelligence (AI) training and copyright law have fractured into distinct, often competing, regulatory paradigms. This report offers an exhaustive analysis of the judicial, legislative, and regulatory developments in the United States, the European Union, and the Caribbean regarding the legality of ingesting copyrighted works for the purpose of training generative AI models.

In the United States, 2025 has been a year of judicial refinement rather than legislative overhaul. The U.S. Copyright Office, in its pivotal Part 3 Report, declined to recommend a statutory blanket license, leaving the courts to define the boundaries of Section 107 "Fair Use".1 The resulting case law, specifically the summary judgment rulings in Bartz v. Anthropic and Kadrey v. Meta, has established a "bifurcated" liability model. While the act of intermediate copying for the purpose of pattern recognition is generally viewed as transformative and fair, this defense collapses if the underlying data source is illicit (e.g., "shadow libraries"). Thus, US liability is increasingly defined by data provenance and output substitution rather than the training process itself.23

In the European Union, the focus has shifted from judicial interpretation to strict regulatory compliance following the full implementation of the AI Act in August 2025. The EU regime is predicated on a statutory "Text and Data Mining" (TDM) exception under the Digital Single Market (DSM) Directive, which is heavily conditioned on a "machine-readable opt-out" mechanism. The legal battleground in Europe has moved to the technical layer, with German courts ruling in late 2025 that AI training is permitted under TDM exceptions unless rights holders have strictly adhered to emerging technical protocols like C2PA and TDM Reservation Protocols, as identified by the EUIPO.45

In the Caribbean, the region is navigating a complex transition between colonial-era "Fair Dealing" statutes and the urgent need for digital sovereignty. Barbados has emerged as the legislative vanguard, passing the Copyright Bill, 2025 to empower Collective Management Organizations (CMOs) and extend protections, signaling a pro-creator stance that implicitly rejects a broad US-style fair use for AI.67 Conversely, Jamaica and Trinidad and Tobago have focused on judicial regulation, issuing Practice Directions to curb AI "hallucinations" in court while retaining conservative copyright frameworks that likely classify unlicensed commercial AI training as infringement.89

This article explores these diverging paths, analyzing the economic and legal ripple effects of a world where data training is "fair use" in California, a "conditional exception" in Berlin, and potentially "infringement" in Bridgetown.

1. The United States: The Judicial Refinement of Fair Use

The United States legal system, relying on the flexibility of common law, spent 2025 rigorously testing the applicability of the "Fair Use" doctrine (17 U.S.C. § 107) to the mass ingestion of copyrighted works. Unlike other jurisdictions that sought statutory fixes, the US approach has been defined by high-stakes litigation in federal courts, primarily the Northern District of California and the Southern District of New York.

1.1 The Policy Baseline: The US Copyright Office Part 3 Report

On May 9, 2025, the U.S. Copyright Office released its long-awaited report, Copyright and Artificial Intelligence: Part 3 – Generative AI Training. This document serves as the foundational policy text for the US government's stance on AI and copyright in 2025.1

The Report effectively ended speculation regarding an immediate legislative "fix" such as a compulsory licensing scheme. Instead, the Office reaffirmed that existing copyright principles, specifically the fair use doctrine, should govern the training of AI models. However, the Office’s analysis was far from a blanket endorsement of the AI industry's practices. The Report emphasized that fair use is a context-specific, fact-intensive inquiry that cannot be determined in the abstract.1

Crucially, the Report questioned the "transformativeness" of generative AI models in instances where the model's purpose is to generate content that competes directly with the training data. The Office noted that while the technical act of copying for analysis (intermediate copying) has historically been protected, the "purpose and character" analysis for Generative AI is complicated by the fact that the output often serves the same intrinsic purpose as the input—creative expression.1 This "market substitution" concern became the central theme of subsequent litigation.

1.2 The "Bifurcated" Fair Use Doctrine: Bartz and Kadrey

The most significant legal development of 2025 was the emergence of a "bifurcated" fair use analysis, crystallized by two summary judgment rulings in June 2025: Bartz v. Anthropic PBC and Kadrey v. Meta Platforms, Inc. These cases dismantled the monolithic view of "AI training" and instead separated the act of training from the source of the data.

1.2.1 Bartz v. Anthropic: The Piracy Exception

In Bartz v. Anthropic, Judge William Alsup of the Northern District of California addressed whether Anthropic's use of copyrighted books to train its Claude models constituted fair use. The plaintiffs alleged that Anthropic utilized "The Pile," a massive dataset that included "Books3," a constituent dataset sourced from "shadow libraries" (pirated ebook repositories like Bibliotik).2

The court’s ruling on June 23, 2025, was nuanced. Judge Alsup agreed with Anthropic on the technical aspect of training, finding that the computational analysis of texts to extract statistical correlations and linguistic patterns was "highly transformative." This use served a fundamentally different purpose than the original books (which were meant for human entertainment), thus satisfying the first factor of fair use regarding the training process itself.10

However, the court denied summary judgment on the issue of the data source. Judge Alsup ruled that "Anthropic had no entitlement to use pirated copies for its central library" and that "Creating a permanent, general-purpose library was not itself a fair use excusing Anthropic's piracy".2 This ruling established a critical precedent: Fair use cannot cleanse the taint of piracy. Even if the use (training) is transformative, the possession and ingestion of illicitly acquired data remains an infringing act. This decision forced AI developers across the US to audit their datasets and purge components derived from shadow libraries to avoid liability.2

1.2.2 Kadrey v. Meta: The "Market Competition" Theory

Two days later, on June 25, 2025, Judge Vince Chhabria issued a ruling in Kadrey v. Meta Platforms, Inc. that further tightened the fair use defense. Similar to Bartz, the plaintiffs (authors) alleged that Meta trained its LLaMA models on copyrighted books without permission. Meta argued that its use was transformative and therefore fair use as a matter of law.11

While acknowledging the transformative nature of extracting information from books to build a language model, Judge Chhabria introduced a "market competition" theory that expanded potential liability. The court denied Meta's motion for total exoneration, explicitly noting that "fair use... typically doesn't apply to copying that will significantly diminish the ability of copyright holders to make money from their works".11

The court emphasized that if an AI model creates a "substitute" for the original work, the transformative defense is weakened. This ruling shifted the burden of proof onto AI companies to demonstrate that their models do not negatively impact the market for the original works—a difficult bar to clear given the capability of LLMs to generate summaries, sequels, or stylistically similar prose that could theoretically displace the original author.11

1.3 The "Substitution" Frontier: NYT v. OpenAI and Perplexity

Following the precedents set in the summer of 2025, the legal focus in late 2025 shifted from the training phase to the output phase, specifically regarding news and non-fiction content where the risk of substitution is acute.

1.3.1 The New York Times v. OpenAI

As of December 2025, this case remains in a contentious discovery phase. The core allegation is that ChatGPT regurgitates New York Times articles verbatim, serving as a direct market substitute for the newspaper's subscription service. In a significant development in late 2025, Judge Ona Wang ordered OpenAI to produce 20 million chat logs.12 This discovery order aims to empirically test the "regurgitation" rate of the model. If the plaintiffs can prove that the model consistently outputs substantial portions of copyrighted articles, the "fair use" defense likely fails under the fourth factor (market effect), regardless of how transformative the training process was.

1.3.2 The New York Times v. Perplexity

On December 5, 2025, the New York Times opened a new front in the AI copyright war by suing Perplexity AI.13 This lawsuit differs from the OpenAI case as it targets "Retrieval-Augmented Generation" (RAG) rather than just model training. The Times alleges that Perplexity's search engine creates "substitutes" for its journalism by scraping real-time content and summarizing it for users, bypassing the paywall and depriving the publisher of ad revenue and subscriptions.13

This case challenges the "fair use" status of RAG systems. While search engines have historically enjoyed fair use protection (e.g., Authors Guild v. Google), the Times argues that Perplexity does not just index content but replaces it. A ruling against Perplexity could imperil the business models of AI search assistants that rely on real-time web summarization.13

1.4 Visual Arts and Compressed Copies: Andersen v. Stability AI

In the realm of visual arts, the case of Andersen v. Stability AI proceeded toward a September 2026 trial date, but significant rulings in 2025 shaped the landscape.14 The court allowed claims to proceed regarding "compressed copies," accepting the plausible theory that the AI model's weights might contain compressed representations of the training images, thereby constituting a derivative work or a form of storage infringement.14

This theory attacks the "abstraction" defense used by AI companies (which argues that models only store mathematical patterns, not images). If plaintiffs can prove that the model can reconstruct the original training images (memorization), the "fair use" defense for training becomes significantly harder to maintain, as it resembles storage and distribution rather than just learning.14

1.5 Synthesis of US Jurisprudence

By the end of 2025, the US legal position on AI training and fair use can be summarized as Conditional Fair Use:

1. Training Process: The intermediate copying of data for the purpose of pattern recognition is generally considered transformative and fair use.10

2. Data Source: The use of illicitly acquired data (e.g., shadow libraries) is infringement and is not shielded by fair use (Bartz).2

3. Market Effect: If the AI model generates outputs that serve as market substitutes for the original works (e.g., verbatim regurgitation, detailed summaries), the fair use defense is likely to fail (Kadrey, NYT).1113

2. The European Union: The Statutory Compliance Regime

While the US navigated the nuances of common law, the European Union spent 2025 operationalizing a comprehensive statutory framework. The EU's approach is characterized by explicit legislative exceptions for "Text and Data Mining" (TDM) coupled with rigorous transparency and opt-out obligations mandated by the AI Act.

2.1 The AI Act and the DSM Directive: A Regulatory Pincer

The EU AI Act entered into full force in mid-2025, with key provisions regarding General-Purpose AI (GPAI) models becoming applicable on August 2, 2025.15 The AI Act does not create a new copyright exception; rather, it enforces the existing framework established by the Directive on Copyright in the Digital Single Market (DSM Directive) (2019/790).

The interaction between these two laws creates the EU's unique "Opt-Out" regime:

• Article 3 (DSM): Provides a mandatory exception for TDM for the purposes of scientific research by research organizations and cultural heritage institutions. This exception cannot be overridden by contract or opt-outs.16

• Article 4 (DSM): Provides an exception for TDM for any other purpose (including commercial AI training), unless the rightsholder has expressly reserved their rights in an "appropriate manner, such as machine-readable means".16

The AI Act bridges the gap by mandating that providers of GPAI models must (a) put in place a policy to comply with EU copyright law, and specifically (b) identify and respect the opt-outs exercised under Article 4(3) of the DSM Directive.17

2.2 The "Machine-Readable" Standard and Technical Protocols

The critical legal battleground in the EU in 2025 was the definition of "machine-readable means." Because Article 4 allows commercial TDM unless an opt-out is present, the technical validity of the opt-out determines the legality of the training.

In July 2025, the European Commission published the GPAI Code of Practice, which established the standards for compliance. Simultaneously, the EUIPO (European Union Intellectual Property Office) Study on Generative AI and Copyright provided the technical blueprint for these standards.4

The EUIPO study and the subsequent consultation identified a hierarchy of protocols:

1. Robots Exclusion Protocol (robots.txt): While widely used, the study noted its limitations (lack of granularity). However, the GPAI Code of Practice explicitly requires signatories to respect robots.txt as a baseline.17

2. TDM Reservation Protocol (TDM Rep): A W3C community group specification designed specifically for Article 4 compliance, allowing granular rights reservation at the file level.4

3. C2PA (Coalition for Content Provenance and Authenticity): A cryptographic standard for asserting provenance and rights, endorsed as a "state-of-the-art" method for expressing opt-outs in media files.4

4. Rights Reservation Databases: The study proposed "federated rights reservation databases" (e.g., via the Liccium Trust Engine or Valuenode) to allow rights holders to register opt-outs centrally, addressing the difficulty AI crawlers face in parsing every individual website.4

Implication: In 2025, an EU rightsholder who merely states "No AI Training" in a footer or Terms of Service without implementing a machine-readable protocol (like robots.txt or C2PA metadata) has arguably failed to validly opt-out under Article 4(3). Consequently, scraping their content for AI training would be legal under the TDM exception.45

2.3 Judicial Validation: Germany as the Testbed

Germany, often the bellwether for EU copyright jurisprudence, provided the first major court rulings interpreting these provisions in late 2025.

2.3.1 Kneschke v. LAION (Hamburg Regional Court, September 2025)

In this landmark case, a photographer sued LAION (a non-profit that compiles datasets for AI training) for including his images in the LAION-5B dataset. The Hamburg Regional Court ruled in favor of LAION, finding that the creation of the dataset qualified as TDM for scientific research under Section 60d of the German Copyright Act (which implements Article 3 of the DSM Directive).18

Crucially, the court held that the creation of a dataset for AI training is intrinsically an act of "text and data mining." This validated the legal basis for non-profit research organizations to aggregate data for AI development without needing licenses, provided they fall under the scientific research definition.18

2.3.2 GEMA v. OpenAI (Munich Regional Court, November 2025)

In November 2025, the Munich Regional Court issued a ruling in GEMA v. OpenAI. GEMA, the German music collecting society, argued that OpenAI's use of lyrics constituted infringement. The court affirmed that the TDM exception (Article 4) generally covers the ingestion of data for AI training.19

However, the court introduced a critical caveat: Memorization equals Infringement. The court ruled that if the AI model is capable of reproducing the training data (e.g., outputting full song lyrics), it has exceeded the scope of the TDM exception. TDM allows for the extraction of patterns, not the reproduction of the work itself. Therefore, "overfitting" (where a model memorizes its training data) strips the developer of the TDM protection, rendering them liable for reproduction infringement.19

2.4 Synthesis of EU Jurisprudence

By late 2025, the EU position is a Statutory Opt-Out Regime:

1. Commercial Training: Permitted by default under Article 4 DSM, provided the developer respects machine-readable opt-outs (robots.txt, C2PA).517

2. Scientific Research: Permitted unconditionally under Article 3 DSM for qualifying institutions.16

3. Liability Trigger: Liability attaches if the developer ignores valid opt-outs OR if the model generates infringing outputs (memorization/reproduction).19

4. Penalty: Violations are subject to the AI Act's massive fines (up to 7% of global turnover) and copyright damages.15

3. The Caribbean: Fair Dealing and Digital Sovereignty

In the Caribbean, the legal landscape in 2025 is marked by a tension between the legacy of colonial "Fair Dealing" laws and the modern necessity of digital sovereignty. Unlike the US "fair use" (which is open-ended and flexible) or the EU "TDM exception" (which is specific and statutory), Caribbean copyright laws generally require specific statutory exceptions for any use that is not authorized by the copyright holder.

3.1 The Regional Context: Fair Dealing vs. Fair Use

Most Caribbean jurisdictions (including Barbados, Jamaica, and Trinidad & Tobago) operate under a "Fair Dealing" framework derived from UK law. Fair dealing is traditionally limited to specific purposes: research, private study, criticism, review, and news reporting. It does not typically include a broad "transformativeness" test, nor does it automatically extend to commercial data processing.20

In 2025, the lack of a specific "Text and Data Mining" exception in most Caribbean laws means that commercial AI training likely falls outside the scope of fair dealing, rendering it potentially infringing absent a license.20

3.2 Barbados: The Legislative Vanguard

Barbados distinguished itself in 2025 by passing significant copyright reform, positioning itself as a leader in protecting creator rights in the digital age.

3.2.1 The Copyright Bill, 2025

Passed in October 2025, the Copyright Bill, 2025 replaced the outdated 1998 legislation. The bill was explicitly designed to address "digital content and streaming" and to "strengthen penalties for infringement".621

Key provisions impacting AI and data rights include:

• Empowerment of CMOs: The Act formally empowers Collective Management Organizations (like COSCAP) to take direct legal action against infringers on behalf of their members. Previously, CMOs lacked the locus standi to sue, leaving individual creators to fight costly legal battles. This change significantly increases the litigation risk for AI companies that might ingest Barbadian music or literature without a license.621

• Extension of Term: The Act extends copyright protection by 20 years, aligning with international trends and ensuring a longer period of exclusivity for rights holders.21

• No TDM Exception: Notably, despite global trends, the Bill did not introduce a broad fair use or TDM exception for AI training. By strengthening enforcement without creating an AI loophole, Barbados has effectively signaled a "permission-first" regime. AI developers wishing to train on Barbadian works (e.g., the extensive catalog of soca and calypso) must negotiate licenses.20

3.3 Jamaica: Judicial Regulation and "Originality"

Jamaica has focused its 2025 regulatory efforts on the application of AI in the justice system rather than amending copyright law to facilitate AI development.

3.3.1 Practice Directions and "Hallucinations"

Chief Justice Bryan Sykes issued the Practice Direction on the Use of Artificial Intelligence in 2025. This regulation strictly prohibits the use of AI to draft affidavits, witness statements, or expert evidence to prevent the submission of "hallucinations" (fabricated case law or facts) to the court. While this regulates the legal profession, it reflects a broader judicial skepticism toward generative AI's reliability.8

3.3.2 Copyright Law and Originality

Jamaica continues to operate under the Copyright Act with traditional fair dealing exceptions (Sections 52-55) limited to "research or private study".22

A critical jurisprudential barrier to AI in Jamaica is the "originality" requirement. The Jamaican Supreme Court, in Cabel Stephenson v. Doreen Hibbert, reiterated that originality requires "skill and labour" from a human author.23 This precedent implies that:

1. Inputs: Training on Jamaican works for commercial purposes is not "private study" and is likely infringement.

2. Outputs: AI-generated works are likely not copyrightable in Jamaica, as they lack the requisite human "skill and labour".23

Additionally, Jamaica amended its Copyright Act to accede to the Marrakesh Treaty (facilitating access for the blind), showing a willingness to create humanitarian exceptions, but has notably refrained from creating commercial AI exceptions.24

3.4 Trinidad and Tobago: The "Human Author" Stance

Trinidad and Tobago remains the most conservative of the three jurisdictions regarding AI copyright reform.

• Legislative Status: The Copyright Act contains no express exception for text and data mining or AI training. Section 24 lists specific exceptions, none of which broadly cover machine learning.25

• Judicial Rulings: In May 2025, Justice Westmin James sanctioned attorneys for submitting AI-generated fictitious case law, reinforcing the judiciary's view of AI as a tool requiring strict human oversight.9

• Policy Stance: The prevailing legal consensus, supported by the UNESCO/CARICOM AI Policy Roadmap, is that the region must "safeguard intellectual property rights" rather than dilute them. Legal experts in Port of Spain emphasize that a "human hand" is required for copyright, and that the mass scraping of data for commercial gain infringes on the moral and economic rights of creators.26

3.5 Regional Oversight: The Caribbean Court of Justice (CCJ)

The CCJ, the final appellate court for Barbados and other CARICOM states, issued Practice Direction No. 1 of 2025 regarding Generative AI. This direction mandates that any use of AI in court proceedings must be disclosed and verified. This high-level judicial oversight reinforces a regional norm: AI is a high-risk tool that must be subordinated to human verification and legal accountability, a stance that aligns with a restrictive view of AI's copyright privileges.27

4. Comparative Analysis: The "Compliance Fracture"

The divergence in legal frameworks across these three regions creates a complex global compliance landscape for AI developers. The following table illustrates the "Compliance Fracture" as of December 2025.

Table 1: Comparative Liability for AI Training (Dec 2025)

Feature

United States

European Union

Caribbean (Barbados/Jamaica/T&T)

Primary Legal Doctrine

Fair Use (17 U.S.C. § 107) - Common Law

TDM Exception (DSM Arts 3 & 4) - Statutory

Fair Dealing - Statutory (Closed List)

Legality of Training (Open Web)

Likely Fair Use, provided the source is lawful and use is transformative (Bartz).10

Permitted by default, unless rightsholder opts out via machine-readable means.5

Likely Infringing for commercial use. No general TDM exception exists.20

Legality of Training (Shadow Libraries)

Infringement. Fair use does not apply to illicitly acquired data (Bartz).2

Infringement. Requirement for "lawfully accessible" source (DSM Art 4).16

Infringement.

Opt-Out Requirement

Voluntary. No legal obligation to respect opt-outs (though often respected for PR).

Mandatory. Must respect machine-readable protocols (robots.txt, C2PA).17

N/A. Permission is required by default (Opt-In regime).

Liability Focus

Provenance & Output (Did you steal the data? Does output substitute the original?)

Process & Compliance (Did you check for opt-outs? Did you record the training data?)

Authorization (Did you obtain a license from the CMO?)

2025 Key Development

Bartz & Kadrey bifurcated fair use; NYT discovery on regurgitation.12

Full application of AI Act; German courts define "memorization" as infringement.19

Barbados Copyright Bill 2025 empowers CMOs; Jamaica/T&T regulate AI in courts.69

4.2 Second-Order Insight: The "Data Laundering" Risk and Regulatory Arbitrage

The stark difference between the EU's "Opt-Out" regime and the US "Conditional Fair Use" creates a significant risk of regulatory arbitrage.

• The "Havana" Harbor: AI developers might be tempted to move training operations to jurisdictions with broad TDM exceptions (like Japan, Singapore, or potentially Israel) to avoid the EU's strict transparency requirements or the US's litigation risks.20

• The "Shadow Library" Trap: However, the US ruling in Bartz acts as a global restraint. Since the court ruled that the possession of an illicit dataset (like Books3) negates fair use, a company cannot simply "wash" pirated data in a permissive jurisdiction and then deploy the model in the US. The "fruit of the poisonous tree" doctrine effectively extends US copyright standards to the global supply chain of any AI model intended for the American market.2

4.3 The "North-South" Divide in AI Copyright

The Caribbean's resistance to adopting US-style fair use or EU-style TDM exceptions highlights a growing "North-South" divide.

• The Global North (US/EU): Generally favors exceptions that allow their massive tech industries to ingest data at scale, viewing data as a "raw material" for innovation.

• The Global South (Caribbean): Views their cultural output (music, literature, art) as a primary economic asset. By rejecting TDM exceptions and strengthening CMOs (as Barbados did), these nations are asserting that their data is a "finished product" requiring compensation.621

• Economic Implication: This creates a barrier to entry for local Caribbean AI startups, who cannot rely on "fair use" to train models on local content. They face high transaction costs (licensing) that their Silicon Valley competitors (who might ignore Caribbean jurisdiction or claim fair use in the US) do not. This could ironically entrench the dominance of foreign AI models in the Caribbean region.

5. Future Outlook (2026 and Beyond)

As we look toward 2026, the legal conflict is evolving from "Can we train?" to "What can we output?"

• The "Substitution" War: The filing of NYT v. Perplexity in late 2025 signals that the next great legal battle will be over Retrieval-Augmented Generation (RAG). If courts rule that summarizing real-time news is "substitution" and not "fair use," the entire business model of AI search could collapse or be forced into a licensing model.13

• Technical Standardization: In the EU, the focus will be on the adoption of the TDM Reservation Protocol and C2PA. We expect 2026 to be the year where "machine-readable rights" become a standard part of file metadata, forcing a technological overhaul of how content is published on the web.417

• Caribbean Licensing Markets: With Barbados empowering CMOs, we expect to see the first test cases of Caribbean collective management organizations demanding royalties from global AI platforms for the use of Caribbean music and literature. This could lead to new cross-border licensing agreements or, alternatively, the "geoblocking" of Caribbean content from AI training sets.6

6. Conclusion

In 2025, the answer to "Does AI training constitute Fair Use?" depends entirely on where the server—and the lawyer—is located.

• In the US: Yes, it is Fair Use, if you didn't steal the data and your AI doesn't plagiarize the output. The courts have carved out a space for innovation but fenced it off from piracy and direct market competition.1011

• In the EU: Yes, it is a TDM Exception, if you respect the technical "No Trespassing" signs (opt-outs) and follow the bureaucratic map of the AI Act.5

• In the Caribbean: No, it is likely Infringement. The region has chosen to prioritize the economic rights of its creators over the unbridled expansion of AI training, betting that strong copyright enforcement will ultimately yield better economic returns than permissive open-ended exceptions.6

The "Fair Use" consensus of the early 2020s has shattered. In its place is a complex, fragmented global map of compliance, where data provenance, technical protocols, and jurisdictional boundaries define the legality of artificial intelligence.

7. References

Ref ID

Title / Jurisdiction

Description / Source

1

US Copyright Office Part 3 Report

Copyright and Artificial Intelligence: Part 3 – Generative AI Training (May 9, 2025). Defined US policy on fair use for AI training. 11

2

Bartz v. Anthropic (Ruling)

Bartz v. Anthropic PBC, No. 24-cv-05417 (N.D. Cal. June 23, 2025). Ruled that training on pirated "shadow library" data (Books3) is not fair use. 3

3

Bartz v. Anthropic (Settlement)

Settlement details ($1.5 billion) following the class certification and summary judgment ruling.

4

EUIPO GenAI Study 2025

Study on Generative Artificial Intelligence and Copyright (2025). Identifies protocols like TDM Rep and C2PA for EU opt-outs. 2828

5

EU TDM Protocols

European Commission consultation on TDM opt-out protocols under the AI Act and GPAI Code of Practice. 2925

6

Barbados Copyright Bill 2025

Copyright Bill, 2025 (Passed Oct 2025). Updates copyright law, empowers CMOs, does not include broad AI/TDM exceptions. 87

7

Barbados Senate Passage

Confirmation of the Copyright Bill's passage in the Barbados Senate (Oct 2025). 30

8

Jamaica AI Practice Direction

Practice Direction on the Use of Artificial Intelligence (2025) issued by Chief Justice Bryan Sykes. 9

9

Trinidad AI Court Ruling

Justice Westmin James sanctions attorneys for submitting AI-generated fake cases (Nexgen Pathology Services Ltd v Darceuil Duncan).31

10

Bartz v. Anthropic (Training)

Ruling that the act of intermediate copying for pattern recognition is transformative and fair use. 313

11

Kadrey v. Meta

Kadrey v. Meta Platforms, Inc. (N.D. Cal. June 25, 2025). Denied summary judgment for Meta based on "market substitution" theory. 1432

12

NYT v. OpenAI (Discovery)

Order compelling OpenAI to produce 20 million chat logs to test for regurgitation (Judge Ona Wang, Dec 2025). 16

13

NYT v. Perplexity

The New York Times v. Perplexity AI (Filed Dec 5, 2025). Lawsuit targeting RAG and AI search as market substitution. 1817

14

Andersen v. Stability AI

Andersen v. Stability AI (2025 Rulings). Allowed claims regarding compressed copies and model weights to proceed. 3319

15

EU AI Act Timeline

Implementation dates for GPAI models (August 2, 2025). 21

16

EU DSM Directive Arts 3 & 4

Analysis of the Text and Data Mining exceptions and the machine-readable opt-out requirement. 2523

17

GPAI Code of Practice

EU Code establishing robots.txt and other protocols as standards for AI Act compliance (July 2025). 2434

18

Kneschke v. LAION

Kneschke v. LAION e.V. (Hamburg Regional Court, Sep 2025). Ruled creation of datasets for AI training is TDM for scientific research. 355

19

GEMA v. OpenAI

GEMA v. OpenAI (Munich Regional Court, Nov 2025). Ruled memorization/reproduction of lyrics exceeds TDM exception. 265

20

Caribbean Fair Dealing Analysis

Analysis of "Fair Dealing" vs "Fair Use" in Commonwealth Caribbean jurisdictions and lack of TDM exceptions. 3637

21

Barbados CMO Powers

Legislative details on empowering COSCAP (Barbados CMO) to sue for infringement. 7

22

Jamaica Copyright Act

Sections 52-55 of the Copyright Act regarding fair dealing for research/private study. 38

23

Jamaica Originality Case

Cabel Stephenson v. Doreen Hibbert (2022). Supreme Court ruling on "skill and labour" and human authorship. 39

24

Jamaica Marrakesh Treaty

Amendments to Jamaica's Copyright Act for the visually impaired (Marrakesh Treaty) without broader AI exceptions. 40

25

Trinidad & Tobago Copyright

Copyright Act lack of TDM exception and Section 24 limitations. 41

26

Caribbean AI Policy

UNESCO/CARICOM AI Policy Roadmap emphasizing protection of IP rights. 42

27

CCJ Practice Direction

Practice Direction No. 1 of 2025 on the Use of Generative AI Tools in Court Proceedings (Feb 2025). 1010

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