Legal and Economic Analysis of Fair Use in the Process of Artificial Intelligence Creation in Data-Driven Era

In the era of digitalization, AI-generated content has emerged as a pivotal component within the creative industries, thereby instigating extensive deliberations concerning copyright protection and fair use. This study aims to scrutinize and analyze the equitable use of AI-generated content from both a legal and economic standpoint. This paper does a thorough review of the literature to introduce basic ideas about AI content creation and fair use. It then divides existing research into four separate areas: technical analysis, legal case analysis, economic impact analysis, and policy adaptation research. Despite notable advancements in both technological capabilities and legislative frameworks surrounding AI-generated content, there remains a dearth of comprehensive understanding, particularly with regard to its economic implications and policy implementation. Consequently, this study posits a significant research question on how to strike a balance between the fair usage of AI-generated content and upholding copyright protection in order to foster sustainable development within the creative industries. The findings presented herein offer novel perspectives and insights that can inform future policymaking endeavors as well as academic investigations.