Can Gen AI and Copyright Coexist?

The article focuses on the legal and business implications of generative artificial intelligence (gen AI) companies using unlicensed copyrighted materials from core creative industries—such as books, music, and movies—to train their models. It highlights recent contrasting court rulings on whether such use constitutes fair use, with one ruling favoring gen AI companies and another favoring rightsholders, and notes ongoing litigation and potential appeals. The article offers strategic advice for rightsholders, including removing content from training datasets, enforcing rights, licensing content, and protecting material on the open web, while advising gen AI companies to consider financial risks, pursue licensing agreements, develop opt-out tools, and reassess the value of unlicensed data. It concludes that sustainable progress in gen AI depends on transparent partnerships between technology firms and creative industries to protect the livelihoods of original content creators.