Source: Law Society Journal

The Law Society Journal delves into the profound legal and philosophical questions that generative AI poses to the foundations of copyright law, particularly the concept of human creativity. The article explores the ongoing global debate about whether works created by AI, with minimal or no human intervention, can or should be protected by copyright. This issue strikes at the heart of copyright's traditional purpose: to incentivize and protect human intellectual endeavor.

From an Australian perspective, the piece examines how the current Copyright Act 1968, which is predicated on the idea of a human author, is being challenged by these new technologies. It discusses pivotal international cases and policy discussions that are shaping legal thinking on this topic, such as the threshold of human input required to claim authorship over an AI-assisted work. The article frames this as more than just a legal technicality; it is a "fight for human creativity" itself, questioning what value society places on human-generated art, literature, and music in an age where machines can produce similar content instantly. The resolution of these questions will have far-reaching implications for artists, industries, and the very definition of creativity.