Copyright Policy Options for Generative Artificial Intelligence

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Authors: Joshua S. Gans
Cited by: 3
References: 8

Abstract

New generative artificial intelligence (AI) models have created new challenges for copyright policy as such models may be trained on data that include copy-protected content. This paper examines this issue from an economic perspective and analyzes how different copyright regimes for generative AI will impact the quality of content generated and AI training. Because of transaction costs (for example, because of the large amount of content being used to train generative AI models), it is not possible for copyright holders and AI providers to engage in negotiations. The result is a characterization of the factors that would favor full copyright and no copyright protections, balancing the level of potential harm to original content providers and the importance of content for AI training quality. However, it is demonstrated that an ex post mechanism like fair use can lead to higher expected social welfare than traditional rights regimes.

Fields of Study & Subjects

Law AI and Intellectual Property Intellectual Property and Patents Copyright and Intellectual Property

Publication details

Journal / source
The Journal of Law and Economics
Publisher
University of Chicago Press
Volume
69
Issue
1
Pages
1–19
Publication date
1 February 2026
Language
EN