Book contents
- Reviews
- Our Artificial Future
- Our Artificial Future
- Copyright page
- Dedication
- Contents
- Figure and Tables
- Boxes
- Acknowledgments
- Introduction
- Part IUnderstanding GenAI
- Part IIAn Overview of Key Concepts
- Part IIILegal
- 11An Introduction to Copyright Law
- 12Copyright Law and GenAI Exceptionalism
- 13An Introduction to the First Amendment
- 14The First Amendment and GenAI Exceptionalism
- 15Contract Law and Websites
- 16Contract Law and GenAI Exceptionalism
- 17Licensing for GenAI
- 18Tort Law
- 19Property, Exclusion, and Trespass
- Part IVSocietal Implications
- Part VLooking Further Ahead
- Part VIWhat to Do about It
- Notes
- Index
11 - An Introduction to Copyright Law
from Part III - Legal
Published online by Cambridge University Press: 24 July 2026
Book contents
- Reviews
- Our Artificial Future
- Our Artificial Future
- Copyright page
- Dedication
- Contents
- Figure and Tables
- Boxes
- Acknowledgments
- Introduction
- Part IUnderstanding GenAI
- Part IIAn Overview of Key Concepts
- Part IIILegal
- 11An Introduction to Copyright Law
- 12Copyright Law and GenAI Exceptionalism
- 13An Introduction to the First Amendment
- 14The First Amendment and GenAI Exceptionalism
- 15Contract Law and Websites
- 16Contract Law and GenAI Exceptionalism
- 17Licensing for GenAI
- 18Tort Law
- 19Property, Exclusion, and Trespass
- Part IVSocietal Implications
- Part VLooking Further Ahead
- Part VIWhat to Do about It
- Notes
- Index
Summary
This chapter explores the escalating legal battles that could force AI companies to pay billions in damages and radically restructure how their models are built. At the heart of the dispute is the use of vast troves of copyrighted material, often pirated from sources like LibGen, to train powerful AI models.
The primary legal defense for generative AI (GenAI) companies against copyright infringement claims is fair use. This defense revolves around four key factors, with the concepts of transformative use and the effect on the potential market being the most critical. The outcome of this litigation will determine the future landscape of both AI development and the creative industries. If courts rule broadly for fair use, AI companies will maintain free rein; if they rule against it, the industry will be compelled to adopt licensing or new, noncopying technical approaches. Ultimately, a legal framework conceived in the era of the printing press must now establish the ground rules for the relationship between human and machine creativity in the digital age.
Keywords
Information
- Type
- Chapter
- Information
- Our Artificial FutureWhat Generative AI Means for Law and Society, pp. 131 - 138Publisher: Cambridge University PressPrint publication year: 2026
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