ABSTRACT
This Article examines copyright’s volitional conduct doctrine, in particular as applied to generative artificial intelligence (AI) systems. It traces the doctrine’s origins and evolution through key court decisions, analyzing its underlying rationale as a response to the harshness of the RAM copy rule and its elaboration as a proximate causation doctrine. The Article then evaluates analogies and proposes a jury instruction to guide its application. The Article argues that the doctrine serves an important role in copyright law, complementing fair use and secondary liability. It also explores how precautionary measures adopted by AI developers may factor into the volitional conduct analysis. The Article concludes that while not dispositive alone, the volitional conduct requirement can help courts and juries properly frame copyright infringement inquiries in generative AI cases.
Goranin, Aleksander, A Deep Look at Copyright’s Volitional Conduct Doctrine and Generative Artificial Intelligence (August 24, 2024), Emory Law Journal, Forthcoming.
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