Copyright

Online
Essay
Plagiarism, Copyright, and AI
Mark A. Lemley
William H. Neukom Professor of Law, Stanford Law School; partner, Lex Lumina LLP. Thanks to Brian Frye, James Grimmelmann, Rose Hagan, Matthew Sag, Pam Samuelson, and Jessica Silbey for comments on an earlier draft.
Lisa Larrimore Ouellette
Deane F. Johnson Professor of Law, Stanford Law School.

Critics of generative AI often describe it as a “plagiarism machine.” They may be right, though not in the sense they mean. With rare exceptions, generative AI doesn’t just copy someone else’s creative expression, producing outputs that infringe copyright. But it does get its ideas from somewhere. And it’s quite bad at identifying the source of those ideas. That means that students (and professors, and lawyers, and journalists) who use AI to produce their work generally aren’t engaged in copyright infringement. But they are often passing someone else’s work off as their own, whether or not they know it. While plagiarism is a problem in academic work generally, AI makes it much worse because authors who use AI may be unknowingly taking the ideas and words of someone else.

Disclosing that the authors used AI isn’t a sufficient solution to the problem because the people whose ideas are being used don’t get credit for those ideas. Whether or not a declaration that “AI came up with my ideas” is plagiarism, failing to make a good-faith effort to find the underlying sources is a bad academic practice.

We argue that AI plagiarism isn’t—and shouldn’t be—illegal. But it is still a problem in many contexts, particularly academic work, where proper credit is an essential part of the ecosystem. We suggest best practices to align academic and other writing with good scholarly norms in the AI environment.

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Essay
Easterbrook on Copyright
Randal C. Picker
Paul and Theo Leffmann Professor of Commercial Law, The University of Chicago Law School; Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory

I thank the John M. Olin Foundation and the Paul H. Leffmann Fund for their generous research support.

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Article
76.2
Claiming Intellectual Property
Jeanne C. Fromer
Associate Professor, Fordham Law School

For insightful discussions and comments, I claim appreciation to Arnaud Ajdler, Ian Ayres, Michael Birnhack, Miriam Bitton, Robert Brauneis, Dan Burk, Kevin Collins, Christopher Cotropia, Kevin Davis, Rochelle Dreyfuss, John Duffy, Brett Frischmann, John Golden, Wendy Gordon, Hugh Hansen, Scott Hemphill, Timothy Holbrook, Bert Huang, Sonia Katyal, Amir Khoury, Roberta Kwall, Jeffrey Lefstin, Mark Lemley, Douglas Lichtman, Clarisa Long, Michael Madison, Peter Menell, Joseph Scott Miller, Mark Patterson, Anthony Reese, Pamela Samuelson, Susan Scafidi, Katherine Strandburg, Polk Wagner, Tim Wu, Shlomit Yaniski-Ravid, Benjamin Zipursky, and participants at the Seventh Annual Intellectual Property Scholars Conference, 2009 Stanford/Yale Junior Faculty Forum, and in workshops at Bar-Ilan, Brooklyn, Columbia, Fordham, and George Washington law schools.

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Article
78.1
Contracting around Copyright: The Uneasy Case for Unbundling of Rights in Creative Works
Guy A. Rub
Associate, Munger, Tolles & Olson LLP; SJD Candidate 2011, University of Michigan Law School

For helpful comments, I thank Omri Ben-Shahar, Rebecca S. Eisenberg, Margaret J. Radin, and the participants in the Law and Economics workshop at the University of Michigan Law School and the Licensing of Intellectual Property Symposium at The University of Chicago Law School. The views expressed in this work, as well as all remaining errors, are, of course, my own.

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Article
84.4
Patent Law's Authorship Screen
Kevin Emerson Collins
Professor of Law, Washington University School of Law.

I thank Scott Baker, Chris Buccafusco, T.J. Chiang, Mark Lemley, Mark McKenna, Sean Pager, Pam Samuelson, Chris Sprigman, Felix Wu, and attendees of the 2017 WIPIP Conference at Boston University for their helpful comments.

Intellectual property is not a homogeneous body of law.

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84.3
Associational Standing under the Copyright Act
Andreas M. Petasis
BA 2013, University of Southern California; JD Candidate 2018, The University of Chicago Law School

Imagine an author. One day, she sees a website that allows users to annotate short stories in an innovative way, providing a variety of short stories with which to experiment. As she peruses the site, she finds that some of the stories are actually hers.