The Foundation for American Innovation is pleased to publish After Fair Use: AI and Copyright, a symposium featuring new papers that address the legal challenges for copyright law in handling transformative technologies.

• "Copyright Dilution Under Constitutional Scrutiny," by Edward Lee
• "Generative AI, Copyright Infringement, and Fair Use," by Michael D. Murray
• "When Fair Use Fails," by Frank Fagan
• "Artificial Creativity," by Clark D. Asay
• "The Anti-Constitutional IP Clause," by Kevin Frazier
• "Artificial Regulation," by Brian L. Frye
• "AI and Copyright Law," by Nicholas Creel
• "Global Copyright Risks for AI Training," by Anupam Chander
• "Calibrating Openness in AI," by Tal Niv
• "Promote the Progress, Legalize Learning," by Alex Feerst
• "Inside the AI," by Charles Duan

General Introduction

Artificial Intelligence is billed as a disruptive technology that will deliver significant public benefits–if allowed to develop. One area of law that could upend AI development and shape AI’s potential is copyright.

As means of creation and modes of distribution have changed, copyright law has butted-up against transformative technologies, with the doctrine of fair use playing an outsized role. AI is pushing this doctrine to a potential breaking point. This symposium provided an opportunity to re-examine the evolution of copyright and its relationship with novel technologies, how fair use has supported such a balance in the past and should be calibrated for the present, and what, if any, changes should be made moving forward. This collection of essays is an attempt to seize this opportunity and lay the groundwork for further investigation and debate of this area of law and policy.