“AI AND INTELLECTUAL PROPERTY IN U.S. LAW: AUTHORSHIP, OWNERSHIP, AND THE FAIR USE DEBATE IN MACHINE LEARNING”

Resumen

As generative artificial intelligence (AI) becomes integrated into creative, commercial, and technical workflows, longstanding assumptions in U.S. copyright law face unprecedented pressure. Two questions dominate contemporary debate: (1) Who owns AI-generated outputs and (2) Do AI companies infringe copyright when they train models on publicly available or copyrighted data? Although courts, agencies, and industry actors are racing to establish clarity, the legal landscape remains unsettled. This Article explains current doctrine, analyzes emerging case law, and identifies the likely direction of U.S. IP policy. It concludes with practical guidance for creators, businesses, and policymakers.