Canada’s Minister of Artificial Intelligence is closely monitoring court cases in both Canada and the United States to determine the future of Ottawa’s regulatory approach to AI. Some AI companies have seen initial successes in the U.S., with OpenAI currently disputing the jurisdiction of an Ontario court in a lawsuit brought by news publishers.
According to a statement from Evan Solomon’s office, copyright issues will be addressed within Canada’s broader AI regulatory framework, focusing on safeguarding cultural sovereignty and the role of creators in this context. While there are no immediate plans for a standalone copyright legislation, Solomon’s office is actively observing ongoing court cases and market trends to guide future actions.
The timeline for resolving the debate on whether AI companies can utilize copyrighted material to train their products remains uncertain. The sole Canadian case on this matter was initiated by a group of news publishers last year, with the Ontario Superior Court scheduled to address a jurisdictional challenge in September.
The coalition of Canadian news organizations, including The Canadian Press, Torstar, the Globe and Mail, Postmedia, and CBC/Radio-Canada, is accusing OpenAI of infringing copyright by extracting substantial content from Canadian media sources without authorization or compensation.
OpenAI refutes these claims, stating that its models are trained on publicly available data and comply with fair use and international copyright guidelines. The company, headquartered in San Francisco, contests the Ontario court’s jurisdiction over the case, arguing that it operates outside Canada and does not conduct business in the province.
The Copyright Act’s applicability beyond Canada is also being contested by OpenAI. The company has requested the court to seal certain documents containing commercially sensitive information related to its organizational structure and AI processes. A hearing on this sealing motion is scheduled for July 30 as per court documents.
As the legal battles between news publishers and AI companies unfold, similar disputes in the United States have seen mixed outcomes. Recent rulings favored AI companies in copyright cases, emphasizing fair use principles. However, legal experts stress that the nuances of copyright law and market impact will play pivotal roles in future litigations.