Source: The National Law Review

Generative AI is putting pressure on long-established principles of US copyright law, raising difficult questions about authorship, infringement, and the scope of protection for creative works. The article examines how courts and policymakers are struggling to address whether AI-generated content can be copyrighted and who, if anyone, should own the rights.

There is significant debate about whether using copyrighted works to train AI constitutes fair use or infringement. Legal uncertainty is heightened by conflicting court decisions, a lack of legislative clarity, and the technical opacity of how AI systems process input data.

The article argues that the rapid evolution of AI technology requires urgent adaptation of copyright doctrines, with lawmakers and courts needing to provide guidance to balance innovation, protection for creators, and public access to creative content.