Source: Private Law Theory

The rapid development of artificial intelligence has revived longstanding questions in copyright law about training on copyrighted works, whether AI-generated output may infringe, whether such output can itself qualify for protection, and how doctrines like originality, fair use, and authorship operate when human creativity is mediated by machines. The Article contends these disputes are best framed through copyright’s foundational “building blocks,” arguing that established precedents already supply analytical tools for contemporary challenges. It identifies and traces the evolution of core concepts—idea and expression, facts and originality, human authorship, substantial similarity, and transformative use—as the doctrinal elements that can be applied to AI-related disputes.

By analyzing cases such as Baker v Selden, Feist Publications v Rural Telephone, Campbell v Acuff‑Rose, and Warhol v Goldsmith (as cited in the Article), the text demonstrates that copyright law has historically evolved alongside technology and can continue to do so without doctrinal overhaul. The Article concludes that artificial intelligence invites renewed appreciation for copyright’s capacity to balance incentives, creativity, and public access and to “promote the progress of science and the useful arts” in the digital age. The piece notes the Author’s scholarly contribution: Jordan M. Blanke, Copyright and AI: The Building Blocks (July 28, 2026), forthcoming in the American Business Law Journal, and appears as a post on the site’s Intellectual Property category dated 2 August 2026.