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Exploring Copyright’s Future in the Age of AI: Insights from the Max Planck Institute for Innovation and Competition

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Navigating the Complexities of AI and Copyright

In a significant November 2025 ruling, GEMA won against OpenAI, marking a vital moment in AI copyright debates. The Munich court concluded that AI reproducing song lyrics violates copyright, but this decision masks broader issues.

Key Insights:

  • Substitution vs. Imitation: Traditional copyright protects against imitation but not against substitution, where AI-generated content displaces human-created work.
  • Human Creativity’s Value: Explained by Josef Drexl, the success of generative AI relies heavily on human creativity. AI lacks the ability to think critically, a vital function for democracy.
  • Call for Fair Compensation: Drexl advocates for a “right to fair compensation,” proposing that AI developers engage in revenue-sharing models to support human creators.

As discussions on AI ethics continue, exploring these nuanced perspectives is crucial.

🔗 Join the conversation: Share your thoughts on how we can balance innovation and creativity in the age of AI!

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