The Key Challenges That The Emergence And Proliferation Of AI Technology Pose To Copyright Law

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Muskan Sangwan, Queen Mary University of London

ABSTRACT

Generative AI tools like ChatGPT and DALL-E are flipping the script on creativity, spitting out essays, code, and art from simple prompts that look shockingly human-like. They're shaking up industries from entertainment to education, making creation super accessible but exposing big cracks in copyright laws meant for people, not machines.

This paper digs into three messy issues: Who's the real author of AI stuff, and is it even "original" enough for protection? (The U.S. Copyright Office says no without human input, like that monkey selfie case.) Who owns it— the coder, the prompter, or nobody? And is it okay for AI to gobble up copyrighted books, pics, and code for training, leaning on U.S. fair use or EU calls for transparency and pay-for-use?

Zooming in on U.S. vs. EU vibes: America's all about innovation with flexible fair use, while Europe's pushing creator rights, data controls, and ethics via its AI Act and white papers. These clashes could splinter markets and shortchange artists, but they point to a smarter balance—protecting human work without killing AI's potential.

Keywords: AI, Law, Technology, Copyright Law, Authorship, Originality, Ownership, EU, USA, Fair Use, Infringement, Non-Human Authorship.

571. THE KEY CHALLENGES THAT THE EMERGENCE AND PROLIFERATION OF AI TECHNOLOGY POSE TO COPY

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