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Home > School of Law > Law School Journals > ILJ > Vol. 27 > Iss. 2 (2026)

 

San Diego International Law Journal

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html

Document Type

Comment

Abstract

Since late 2022, Generative Artificial Intelligence (GenAI) has emerged as a vital technological tool in many industries by producing human-like content based on its trained datasets. This advancement has sparked an international debate over the ethical and legal implications of using copyrighted works for Artificial Intelligence (AI) training. Countries have taken differing legislative approaches to this issue. Japan aims to promote innovation with minimal restrictions; the United Kingdom aims to protect copyright holders by implementing strict AI copyright protections; and the European Union focuses on the transparency of the AI’s copyright use. The United States is currently at a regulatory crossroad, with its judicial and legislative branches exploring its options amid increasing litigation.

This Comment examines the varying international approaches, evaluates current United States copyright law, and identifies the most effective and administrable elements of these copyright frameworks. It argues that the United States should implement a blanket licensing system modeled after the Mechanical Licensing Collective to ensure protection for copyright holders while fostering AI development and innovation. By analyzing global trends, this Comment offers a roadmap for the United States legislature to implement an AI copyright reform that balances innovation, equity, and international collaboration.

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