Dr. Elias Ilin

As the AI revolution accelerates and continues to reshape traditional business models, it has triggered a cascade of new legal, regulatory and policy challenges. At the forefront of these emerging issues are a growing number of high-stakes legal battles between content creators and major Generative AI (GenAI) companies behind large language models (LLMs). This article examines key legal themes and critical questions arising from recent developments at the intersection of AI and Copyright law.

AI is increasingly becoming integral to the inventive and creative process across a wide range of industries. As Generative AI (“GenAI”) tools transform our workflows, questions at the intersection of AI and copyright are requiring a reexamination of our IP system. One set of questions is whether creative works created using AI technologies in whole or in-part are eligible for copyright protection, and if so, under what conditions. Another set of questions relates to the potential copyright infringement of GenAI due to: (1) the use of potentially copyrighted material for the training of AI models and (2) the potential infringement by the output of GenAI models on copyrighted works.