ABSTRACT
Recent generative AI copyright lawsuits have ignited a crucial debate about the future of intellectual property. The technology involved is complex, but the essential conflict is simple: creators are trying to stop machines capable of imitating them. These are familiar battle lines. From the loom to the first camera, inventions have long triggered anxieties about technology’s potential to displace artistry. Much commentary today focuses on AI’s potential to mimic creators, echoing these earlier concerns.
However, this framing misses a key insight: AI is a powerful tool for widely disseminating human creativity and artistry. Dissemination is an important but underappreciated goal of copyright law. Original case studies presented in this Article explore how AI is helping book publishers, libraries, movie producers, and game developers fulfill this goal.
To balance these benefits with creators’ rights, this Article introduces the concept of ‘Distributive Fair Use’. This framework is both timely and urgent: Without it, AI training will be limited to licensed works, potentially perpetuating bias in content dissemination and limiting the diversity of creative expression. Ultimately, this exploration of AI-assisted dissemination reveals the debate’s true stakes: the kind of cultural landscape we want to foster.
Mattioli, Michael, Distributive Fair Use (May 20, 2024). Forthcoming, Denver Law Review, volume 102, no 1, 2024.
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