Aspects of the Legal Regime of Data Used for Machine Learning

This paper is devoted to the problem of using data for machine learning and the results of algorithms. The author gradually examines the provisions of legislation on intellectual property and personal data, as well as the rights of the owner of information and antitrust regulation. Including the legislation of the USA and the EU. The paper analyzes Russian and foreign judicial practice that affects the use of data from the point of view of different legal regimes. General trends in determining the legality of using the training sample are identified, as well as the main problems of the existing legal regime of data used for machine learning as objects of copyright and related rights and information containing personal data. Based on the research, the author makes a conclusion about the optimal approaches to data regulation for machine learning, taking into account the rights and legitimate interests of copyright holders, personal data subjects, and machine learning developers.