How generative AI turns copyright law upside down

Protection of AI output

Can AI-generated work be protected?

Closer to human authors only

Creativity moves into the prompt; the AI's share of the work will not be protected

What it says

Lemley argues generative AI strains the idea and expression distinction and the substantial similarity test. Creativity will increasingly lie in asking the right questions, while the AI does the bulk of the work copyright traditionally rewards, and that work will not be protected; copyright may need new ways to test infringement.

A leading voice on why the human-only rule leaves most AI output unprotected.

Sources