Copyright and AI : The building blocks
TL;DR
By tracing the evolution of core concepts such as idea and expression, facts and originality, human authorship, substantial similarity, and transformative use, this Article demonstrates that the law of copyright has always evolved around and beside technology, and will continue to do so, likely shaping new building blocks for the future.
Abstract
The rapid development of artificial intelligence has revived many of the oldest and most enduring questions in copyright law. Courts now confront whether AI systems infringe by training on copyrighted works, whether AI‐generated output may infringe existing copyrights, whether AI‐generated output can qualify for protection, and how traditional doctrines, such as originality, fair use, and authorship, apply when human creativity is mediated by machines. This Article argues that these disputes are best understood through the foundational “building blocks” of copyright law. Long‐standing precedents, from Baker v. Selden and Feist Publications v. Rural Telephone to Campbell v. Acuff‐Rose and Warhol v. Goldsmith , already provide analytical tools necessary to address today's challenges. By tracing the evolution of core concepts such as idea and expression, facts and originality, human authorship, substantial similarity, and transformative use, this Article demonstrates that the law of copyright has always evolved around and beside technology, and will continue to do so, likely shaping new building blocks for the future. Far from demanding an overhaul of doctrine, artificial intelligence invites a renewed appreciation for copyright's resilience and its continuing capacity to balance incentive, creativity, and public access, and to “promote the progress of science and the useful arts” in the digital age.