Fox, hedgehog, human, machine: a cautious reappraisal of AI and copyright through rights and welfare

Bak, B. ORCID: https://orcid.org/0000-0003-2388-4796 (2025) Fox, hedgehog, human, machine: a cautious reappraisal of AI and copyright through rights and welfare. In: Davies, L. and Ogulcan, E. (eds.) Intellectual Property Law, Human Rights and Welfare. Routledge, London. (In Press)

Abstract/Summary

This chapter examines the challenges that generative AI (GenAI) poses for copyright law and argues for a carefully tailored regulatory approach. Placing the human author at the centre, it contends that fully autonomous AI-generated works, which lack meaningful human creative input, should fall outside the scope of copyright protection. At the same time, in support of a more participatory, socially inclusive, and responsive copyright framework, it argues that where human authors provide sufficiently detailed input and exercise creative choices that shape the final output, such contributions may qualify for protection. This analysis maintains that copyright’s adaptation in the age of GenAI is a cultural opportunity to redefine the future of creativity and advance human development. From a social welfare perspective, such an approach promotes democratic access to creativity and upholds the freedom to create, while highlighting essential questions about inclusivity and the evolving role of creativity in a GenAI-driven society.

Item Type	Book or Report Section
URI	https://centaur.reading.ac.uk/id/eprint/124309
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Routledge
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