INTRODUCTION
The rise of artificial intelligence (AI) has reignited long-standing copyright debates over creativity, originality and authorship. While these debates may seem novel, history suggests otherwise. At its inception, photography was dismissed by many as a purely mechanical process incapable of yielding works deserving of copyright, a sentiment that echoes today’s scepticism towards AI-generated content. This article uses the historical trajectory of photography in US law to shed light on contemporary questions raised by AI-assisted creation. It argues that copyright law need not be rewritten in response to new technologies but rather should reaffirm the principle of human creative contribution. In the case of photography, legal recognition came not through a lowered originality threshold, but rather by affirming the continued presence of human agency despite technological mediation …
Van Anh Le, Copyright of photography and artificial intelligence: a tale of two technologies, Journal of Intellectual Property Law & Practice. Published: 16 July 2025.
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