GENERATIVE AI AND COPYRIGHT LAW: A MISALIGNMENT THAT COULD LEAD TO THE PRIVATIZATION OF COPYRIGHT ENFORCEMENT
The Article discusses the challenges and implications of applying existing copyright law to a subset of artificial intelligence (“AI”) that creates new data known as generative AI (“Generative AI”). Specifically, the Article examines the mismatch between copyright law and the unique legal complexities that arise from the training and use of Generative AI. The Article argues that this mismatch could lead to an increased privatization of copyright enforcement.
Additionally, this Article discusses: (1) copyright law fundamentals crucial to understanding the law’s application to Generative AI; (2) the technological underpinnings of Generative AI that differentiate it from previous new technologies; and (3) the rapidly growing body of disputes and decisions struggling to apply existing copyright law to Generative AI inputs and outputs. The Article also takes an in-depth look at how attempting to apply copyright law’s fair use defense and human authorship requirement to Generative AI pushes against the established boundaries of how copyright law usually deals with emerging technologies.
The Article posits that the rapid growth and development of Generative AI requires a modernization or adaptation of copyright law to address Generative AI’s unique challenges and questions. It explores the consequences of denying copyright protection to works created with Generative AI, including computer software, and warns that copyright enforcement may be left to private entities that lack the benefits and safeguards of the court system if existing copyright law is not modernized.
Author: John T. Kivus
PDF: http://journals.law.unc.edu\/ncjolt/wp-content/uploads/sites/4/2024/04/Kivus-Final.pdf
Volume 25, Issue 3