Exploring the Risk of Copyright Infringement for Users of Generative AI Programs

In the previous issues of the Bulletin, we have discussed the copyrightability of generative AI content, the requirements for obtaining copyright protection for works having both human and generative AI content, and whether generative AI programs infringe on copyrighted works by inclusion as training inputs or by creation of a copy or derivative work. Combining these questions, one may also ask: if generative AI content is considered an infringing copy or derivative work, do human users infringe when creating and using generative AI content? The answer is likely yes, but not always.

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