Generative AI, Copyright Law, and the Future of Creativity: A Call for International Reform

Journal: Trends in Intellectual Property Research

Publication: 2026-07-14 · Vol. 4 No. 3 · pp. 21–26

DOI: 10.69971/tipr.4.3.2026.136

Abstract

Current study examines whether the use of copyrighted works in training generative AI systems amounts to copyright infringement under existing legal frameworks. The challenge is not merely to fit AI within the existing contours of copyright law, but to rethink those contours in light of new technological realities. The goal should be to construct a legal framework that preserves the foundational objectives of copyright, encouraging creativity and protecting authors, while enabling the continued growth of transformative technologies. In this sense, the regulation of AI training represents not an endpoint, but an evolving legal frontier that will shape the future relationship between law, creativity, and innovation. Current research analyzes the applicability of doctrines such as fair use and fair dealing in the context of large-scale data scraping and machine learning processes. It explores challenges relating to transparency, attribution, and enforcement, given the opaque nature of AI training datasets. By engaging with emerging global legal developments, it assesses whether current copyright regimes are equipped to address AI-driven innovation, and argues for clearer standards to balance technological advancement with the protection of creators’ rights in the digital environment.