AI DEVELOPMENT & GENERATION PROBLEMS: CONSIDERATION OF INTERNATIONAL COPYRIGHT FOR AMERICAN FAIR USE

Abstract

This article examines how artificial intelligence challenges copyright law at both the training (input) and generative (output) stages, exposing the limits of U.S. fair use doctrine. It argues that fair use’s ambiguity creates uncertainty for creators and developers, potentially hindering innovation. Through comparative analysis of Chinese and European Union copyright frameworks, the article highlights alternative approaches to balancing protection and technological progress. It concludes that the United States should clarify and modernize fair use to address AI-specific issues, promote transparency, and sustain competitiveness while preserving the constitutional goal of advancing knowledge.