The rise of generative AI technology poses significant challenges to traditional copyright and fair use analysis. This article discusses the evolving legal questions surrounding AI-generated content and the implications for copyright law. Critical issues include whether the training of AI models infringes existing copyrights and how the resultant content may or may not constitute infringement. The economic framework of fair use is examined, particularly the principle of substitution, which judges whether new uses of copyrighted material serve as economic substitutes for the originals. The article highlights the complexities involved in applying established frameworks to novel AI contexts.
Applying the fair use doctrine to generative AI presents novel and complex challenges that stretch the boundaries of traditional copyright analysis.
The advent of generative AI brings to the forefront many novel and complex legal questions related to fair use and copyright infringement.
Two central questions have emerged in the burgeoning legal battles surrounding content-generating AI models: whether the training process infringes copyrights, and whether AI-generated content itself constitutes infringement.
Economic studies emphasize the concept of substitution when determining whether an unauthorized use qualifies as fair use, focusing on the transformative nature of the use.
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