Daryl Lim (Pennsylvania State University, Dickinson Law; Fordham University – Fordham Intellectual Property Institute) has posted Governing Generative AI (Akron Law Review: Vol. 57: Iss. 2) on SSRN. Here is the abstract:
The rapid evolution of generative artificial intelligence (AI) is reshaping creative industries, challenging traditional legal frameworks, and raising fundamental questions about authorship, infringement, and governance. As AI-generated content proliferates, policymakers, courts, and stakeholders worldwide grapple with its implications for intellectual property (IP) law. This article examines the intersection of generative AI and copyright law, exploring divergent global approaches to authorship, the challenges of AI-driven infringement, and the governance models emerging to regulate this technology.
The first section investigates the legal treatment of AI-generated works, contrasting the United States' strict anthropocentric stance—where copyright is reserved for human creators—with China's more flexible approach, which recognizes AI-assisted works under specific conditions. The second section addresses the issue of infringement, particularly the use of copyrighted material in AI training datasets, and evaluates private ordering mechanisms such as blanket licensing, digital watermarking, and indemnification strategies. The final section analyzes governance models, comparing the U.S.'s market-driven regulatory framework with the European Union’s rights-centered approach and Asia’s pro-innovation strategies.
This article argues that while generative AI presents unprecedented opportunities for innovation, it also necessitates an adaptive legal framework that balances technological progress with the rights of human creators. A forward-looking governance approach should incorporate international cooperation, legal clarity, and equitable incentives to ensure that AI fosters creativity rather than undermines it. By contextualizing these debates within broader policy and economic considerations, this article offers insights into the future trajectory of AI governance in the creative industries.