The Art That Makes the AI Artist: AI’s Potential as a Copyright Infringer and Its Future Under a Licensing Requirement

The practices and advancements in the generative AI training process have sent many authors and artists in the creative industry into a panic. In addition to demonstrating output that can rival human-made works, many AI companies rely on copying hundreds of thousands of copyrighted works to teach their AI models. This raises the question of whether AI companies are infringing or if they are permitted to use the work for training purposes under the fair use doctrine. Through current precedent within copyright law and the fair use defense, this note analyzes whether generative AI’s use of copyrighted materials will be defendable under the fair use doctrine. Given the likelihood that certain uses will not be permitted, this note also explores generative AI’s future under licensing requirements.