Back to Journal
Ethics

Copyright and AI: Navigating the Legal Grey Area

By Rebecca Ross, JDMarch 10, 2026

The legal battles currently raging over AI training data will define the creative landscape for the next century. Are companies infringing on copyright when they scrape the web to train their models? Is the output a derivative work?

Under current law, the answer is not clear. "Fair Use" is the defense most companies are using, arguing that the training process transforms the data into something new. But artists argue that their livelihood is being stolen to build products that compete with them.

As a lawyer specializing in IP, I expect these cases to go to the Supreme Court. Until then, creators should be careful about using AI for commercial work where full ownership is required.

Reference Links

IP Law blog