Liability for AI-Generated Outputs: Navigating Copyright Law in International, EU, and UK Contexts | European Journal of Risk Regulation

The study investigates legal implications surrounding copyright issues in generative AI, focusing on memorization and potential for producing “plagiaristic outputs.” Key issues discussed include the distinction between actionable reproduction and liability for copyright infringement, assessing whether users, developers, or providers of AI models could be held liable for infringing outputs. The findings suggest that liability could extend beyond just users to include AI developers and providers, aligning with existing EU and UK case law. The analysis emphasizes the necessity for compliance with legal provisions, particularly the EU AI Act and data mining exceptions, which cover input but not the output generation phase. Notably, exceptions to copyright law depend on lawful access to original works and must adhere to the three-step test, balancing copyright protection with public interest. The study calls for more nuanced discussions on these issues to facilitate sustainable AI development while addressing compliance and liability challenges.

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