Copyright and Creativity in the Age of AI


Publish Date:
January 23, 2024
The Regulatory Review
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Stanford Law Professor Mark Lemley has likewise argued for fair use protection for generative AI. Lemley concedes that an infringement claim is viable when an AI reproduces large portions of a protected work or generates works in the style of a certain artist. He argues, however, that machines deserve broad license to use copyrighted materials to learn how to create on their own, transformative works. Lemley explains that, in doing so, an AI program “changes the purpose for which the work is used.” If the technology were barred from using copyrighted materials, it would ultimately harm the development and progression of ideas.

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