ABSTRACT
This Article paper explores the evolving landscape of copyright law in the age of generative artificial intelligence, dissecting the multifaceted challenges and opportunities it presents for creators, legal practitioners, and policymakers. Part I, ‘Governing Authorship’, delves into the existential questions AI poses to traditional notions of creativity and authorship, illustrating the tension between innovation and the preservation of human creators’ rights within existing legal frameworks. Part II, ‘Governing Infringement’, examines the intricate issues of copyright infringement in the digital era, especially the unauthorized use of copyrighted content by AI for training purposes and the exploration of private ordering mechanisms as potential remedies. Part III, ‘Models of Governance’, contrasts the diverse regulatory approaches taken by major jurisdictions, highlighting the need for a cohesive international strategy to navigate the complexities of AI-driven creativity. The paper advocates for adaptable, forward-looking legal frameworks that strike a balance between fostering technological innovation and protecting the intellectual property rights of human creators, underscoring the importance of global collaboration and inclusive policymaking in shaping the future of copyright law in the AI domain.
Lim, Daryl, Governing Generative AI, Akron Law Review, volume 57, issue 2, article 1 (2024).
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