‘Recovering Personality in Copyright’s Originality Inquiry’

Copyright has become the battleground à la mode for AI-related litigation. Referring to the technology as ‘nothing more than a plagiarism machine’ developed by ‘greedy and craven companies who want to take human talent out of entertainment’, artists and creators have increasingly called for copyright-driven crackdowns on the generative AI industry. In the courts, parties have filed lawsuits against major AI companies like OpenAI, Stability AI, and Meta, and stakeholders from all sides have appealed to the US Copyright Office in response to its ‘study of the copyright law and policy issues raised by [AI]’. Among those responses were comments ‘lament[ing] an imagined future without new human-authored works’ and ‘voic[ing] concerns that generative AI will prevent artists’ fair renumeration [sic] for their work’ …

Recovering Personality in Copyright’s Originality Inquiry 138(4) Harvard Law Review 1123 (February 2025).

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