AI Is Making Many People Rethink Copyright

For the last hundred years or so, the prevailing dogma has been that copyright is an unalloyed good, and that more of it is better. Whether that was ever true is one question, but it is certainly not the case since we entered the digital era, for reasons explained at length in Walled Culture the book (free digital versions available). Despite that fact, recent attempts to halt the constant expansion and strengthening of copyright have all foundered. Part of the problem is that there has never been a constituency with enough political clout to counter the huge power of the copyright industry and its lobbyists.

Until now. The latest iteration of artificial intelligence has captured the attention of politicians around the world. It seems that the latter can’t do enough to promote and support it, in the hope of deriving huge economic benefits, both directly, in the form of local AI companies worth trillions, and indirectly, through increased efficiency and improved services. That current favoured status has given AI leaders permission to start saying the unsayable: that copyright is an obstacle to progress, and should be reined in, or at least muzzled, in order to allow AI to reach its full potential. For example, here is what OpenAI’s proposals for the US AI Action Plan, which is currently being drawn up, say about copyright:

America’s robust, balanced intellectual property system has long been key to our global leadership on innovation. We propose a copyright strategy that would extend the system’s role into the Intelligence Age by protecting the rights and interests of content creators while also protecting America’s AI leadership and national security. The federal government can both secure Americans’ freedom to learn from AI, and avoid forfeiting our AI lead to the [People’s Republic of China] by preserving American AI models’ ability to learn from copyrighted material.

In its own suggestions for the AI Action Plan, Google spells out what this means:

Balanced copyright rules, such as fair use and text-and-data mining exceptions, have been critical to enabling AI systems to learn from prior knowledge and publicly available data, unlocking scientific and social advances. These exceptions allow for the use of copyrighted, publicly available material for AI training without significantly impacting rightsholders and avoid often highly unpredictable, imbalanced, and lengthy negotiations with data holders during model development or scientific experimentation. Balanced copyright laws that ensure access to publicly available scientific papers, for example, are essential for accelerating AI in science, particularly for applications that sift through scientific literature for insights or new hypotheses.

Although developments in the world of AI are giving companies like OpenAI and Google an opportunity to call into question the latest attempts to strengthen copyright’s intellectual monopoly, they are not the only voices here. For example, some of the biggest personalities in the tech world have gone even further, reported here by TechCrunch:

Jack Dorsey, co-founder of Twitter (now X) and Square (now Block), sparked a weekend’s worth of debate around intellectual property, patents, and copyright, with a characteristically terse post declaring, “delete all IP law.”

X’s current owner, Elon Musk, quickly replied, “I agree.”

It’s not clear what exactly brought these comments on, but they come at a time when AI companies, including OpenAI (which Musk co-founded, competes with, and is challenging in court), are facing numerous lawsuits alleging that they’ve violated copyright to train their models.

Unsurprisingly, that bold suggestion provoked howls of outrage from various players in the copyright world. That was to be expected. But the fact that big names like Musk and Dorsey were happy to cause such a storm is indicative of the changed atmosphere in the world of copyright and beyond. Indeed, there are signs that the other main intellectual monopolies – patents and trademarks – are also under pressure. Calling into question the old ways of doing things in these fields will also weaken the presumption that copyright must be preserved in its current state.

There’s another important way in which copyright is losing its relevance. It involves AI once more, but not because of how today’s AI systems are trained, but as a result of their output. The ease with which generative AI can turn out material has had a number of important knock-on consequences. For example, as a post on the Creative Bloq site explained:

Some designers who use stock image libraries to source photos, illustrations and vectors for their projects are finding that they have to wade through more unusable [AI-generated] content to find an image that suits their needs, adding more time to their workflows.

The same is happening in other fields. An article on the NPR site last year explored the growing problem of “AI-generated scam books”:

“Scam books on Amazon have been a problem for years,” says Mary Rasenberger, CEO of the Authors Guild, a group that advocates for writers. But she says the problem has multiplied in recent months. “Every new book seems to have some kind of companion book, some book that’s trying to steal sales.”

It’s also becoming a serious issue for music streaming services:

Deezer, the global music streaming platform, is receiving over 20,000 fully AI-generated tracks on a daily basis. It equals over 18% of all uploaded content, an increase from the previously reported 10% in January, 2025, when Deezer launched its cutting edge AI-music detection tool.

These AI-generated images, books and music tracks have one thing in common: they are probably not protected by copyright in any way. This is an evolving area of law, but a recent report by the US Copyright Office seems to confirm that material generated purely by AI, with minimal human input — for example, in the form of prompts — is not eligible for copyright protection:

Copyright law has long adapted to new technology and can enable case-by-case determinations as to whether AI-generated outputs reflect sufficient human contribution to warrant copyright protection. As described above, in many circumstances these outputs will be copyrightable in whole or in part—where AI is used as a tool, and where a human has been able to determine the expressive elements they contain. Prompts alone, however, at this stage are unlikely to satisfy those requirements.

Assuming this approach is confirmed both in the US and elsewhere, the net effect is likely to be that vast swathes of AI-generated text, images and sounds found online today are in the public domain, and can be used by anyone for any purpose. Once people understand this, and start using AI-generated outputs that they find online freely, without any fear of legal action being taken against them, there will be important knock-on effects. First, people may well seek out such AI-generated material, since it is legally unproblematic compared to complicated licensing schemes for copyright material, assuming the latter are even available. And secondly, people will as a result grow increasingly accustomed to re-using anything they find online, to the point that they simply ignore copyright niceties altogether.

Follow me @glynmoody on Mastodon and on Bluesky. Originally published at Walled Culture.