Creative Ownership in the Age of AI

2026-02-12Artificial Intelligence

Artificial IntelligenceComputer Science and Game Theory
AI summary

The authors discuss how current copyright rules, which focus on whether a new work looks very similar to an existing one, don't fit well with how AI creates new content by imitating style. They suggest a new way to decide if AI-generated work infringes copyright: if the AI couldn't have made the output without the original work being part of its training data, then it infringes. They model AI generation mathematically and find that depending on how new creations happen naturally, rules on AI could either be irrelevant or remain important over time. This helps understand when and how AI-generated content should be regulated.

copyright lawgenerative AIinfringementtraining corpusclosure operatorssubstantial similaritylight-tailed distributionheavy-tailed distributionorganic creationsregulation
Authors
Annie Liang, Jay Lu
Abstract
Copyright law focuses on whether a new work is "substantially similar" to an existing one, but generative AI can closely imitate style without copying content, a capability now central to ongoing litigation. We argue that existing definitions of infringement are ill-suited to this setting and propose a new criterion: a generative AI output infringes on an existing work if it could not have been generated without that work in its training corpus. To operationalize this definition, we model generative systems as closure operators mapping a corpus of existing works to an output of new works. AI generated outputs are \emph{permissible} if they do not infringe on any existing work according to our criterion. Our results characterize structural properties of permissible generation and reveal a sharp asymptotic dichotomy: when the process of organic creations is light-tailed, dependence on individual works eventually vanishes, so that regulation imposes no limits on AI generation; with heavy-tailed creations, regulation can be persistently constraining.