Source: Harvard Law Review

Harvard Law Review explores the paradox facing copyright law when applied to AI-generated works—what the authors term a "creative double bind." The article argues that current copyright frameworks rest on assumptions of human authorship, originality, and intent, all of which are challenged by machine-generated content. AI systems can produce works that appear creative, yet lack the human elements that intellectual property law is built to protect.

The piece discusses the risk of creating "copyright voids" where no one holds valid rights over AI outputs, potentially encouraging appropriation without recourse. At the same time, granting IP rights to AI outputs could undermine human creators by diminishing the value of human creativity.

The article suggests rethinking legal definitions of authorship and creativity, as well as developing sui generis protections for AI-generated works.