The AI-Copyright Trap
Carys J. Craig,
Osgoode Hall Law School, SSRN,
Sept 11, 2024
Carys Craig (29 page PDF) argues (and I agree) that "Copyright law should neither incentivize and reward the use of generative AI nor obstruct its training and development." However, "it seems clear that copyright law (or a contorted version thereof) is increasingly being invoked as a regulatory response to the harms of AI." This paper is an extended treatment of the argument. In particular, "The so called "3Cs" of 'Consent, Credit and Compensation' are getting a lot of air time these days." Craig argues, "the pursuit of the 3Cs is intended to push back at power, employing the blunt tool of copyright control, but reaching beyond what copyright actually requires by narrowing the scope of what fair use permits (in the name of greater fairness)." We have to remember that these limits on copyright are "limits that have traditionally restrained corporate power to protect the public interest... copyright is entering the fray as a false friend."
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