Governing Copyright Responsibly in the Era of Generative AI

Abstract

Large language models are trained on collections that may include scholarly works, while authors generally lack work-level information about whether and how their works were used. This paper asks how copyright governance frames and operationalises the protection of such authors, and what a responsible alternative would require. Forty legislative, judicial and soft-law instruments issued between 2019 and 2026 were coded deductively against a framework derived from Responsible Research and Innovation theory, yielding 1,337 category assignments across 835 segments. The European Union and the United States are the primary cases; the United Kingdom, China and international bodies serve as comparators. Normative orientation and the distribution of responsibility dominate the corpus, while reflexivity is the least represented category and reaches its minimum in the US sub-corpus. Both primary jurisdictions frame protection procedurally rather than as an entitlement, and no instrument in the corpus creates a general author-facing attribution duty for the use of works in AI training. From the coded gaps, the paper derives a six-instrument governance design and a capacity-based allocation of responsibility among developers, publishers, collecting societies, funders, institutions, regulators, and individual authors.