Law, AI, and Intellectual Property

Neueste Paper

• Comparing Apples to Oranges: A Taxonomy for Navigating the Global Landscape of AI Regulation

  Sacha Alanoca, Shira Gur-Arieh, Tom Zick, Kevin Klyman · 31. August 2026

  AI governance has transitioned from soft law, such as national AI strategies and voluntary guidelines, to binding regulation at an unprecedented pace. This evolution has produced a complex legislative landscape: blurred definitions of "AI regulation" mislead the public and create a false sense of sa…

• A Regulatory Placebo? The Systemic Failure of Mandatory GenAI Labeling

  Jingyi Chen, Chaofan Bu, Shibo Yan, Xuesong Li · 18. August 2026

  We examine the worldwide trend of mandatory labeling of generative artificial intelligence(GenAI) as a reactive, symbolic form of legislation triggered by technological panic and institutional responses. From a technical perspective, this study demonstrates that current mandatory labeling not only c…

• Agentic Evaluation of Copyright Law Compliance

  Zheng Hui, Doni Bloomfield, Noam Kolt · 27. Juli 2026

  Large language model (LLM) agents increasingly perform commercial tasks that involve retrieving external content such as images and, where appropriate, reproducing that content. LLM agents should comply with the law, including copyright law. Presently, however, we lack adequate frameworks to assess …

• The Perplexity Trap: When Patent Law Makes Human Writing Look Like AI

  Anubhab Banerjee · 16. Juli 2026

  The European Patent Office (EPO) reported record filings in 2025, and the 2026 EPO Guidelines hold applicants strictly responsible for LLM-assisted content under Article 83 and Rule 42, creating pressure to triage suspected AI-generated patent text. Two constraints make this hard. First, realistic p…

• Research on Intellectual Property Resource Profile and Evolution Law

  Yuhui Wang, Yingxia Shao, Ang Li · 14. Juli 2026

  In the era of big data, intellectual property-oriented scientific and technological resources show the trend of large data scale, high information density, and low value density, which brings severe challenges to the effective use of intellectual property resources, and the demand for mining hidden …

• Evaluating Intellectual Property Guardrails of Generative Image Models: A Technical Report

  Austin T. Hoag, Apostolos Modas, Yunhao Ba, Julienne M. LaChance, Jinru Xue, Wiebke Hutiri, Jan Simson, Tiffany Georgievski, Alex Towli, Joseph Smith, Yuki Mitsufuji, Alice Xiang · 2. Juli 2026

  Generative image models are capable of producing images that bear a strong resemblance to, or replicate, recognizable intellectual property (IP). In this technical report, we present a benchmark and automated evaluation pipeline to test for evidence of IP guardrails in generative image models along …

• Generative AI and Copyright Infringement: A Legal-Technical Analysis of AI Music Generation Systems Under 17 U.S.C. Title 17

  Zuhaib Hussain Butt · 26. Juni 2026

  Generative artificial intelligence (GenAI) has enabled users to synthesize music with text prompts, combining copyrighted lyrics, AI-composed melodies, and synthetic vocals that imitate real artists. This paper examines the legal and technical dimensions of AI-based music creation (e.g., Google Gemi…

• Authenticity Debt and the Synthetic Content Threat Landscape: A Layered Framework for Trust, Provenance, and IP Governance in the Generative AI Era

  Shubhashis Sengupta, Benjamin McCarty, Milind Savagaonkar, Rhine Andotra · 2. Juni 2026

  Generative artificial intelligence has fundamentally changed how content is now produced. It has enabled how high-fidelity text, images, audio, and videos are created, modified, and redistributed at near-zero marginal cost. This shift exposes enterprises and ecosystems to a number of risks across fo…

• Authorship Attribution in the Era of LLMs: Problems, Methodologies, and Challenges

  Baixiang Huang, Canyu Chen, Kai Shu · 27. Mai 2026

  Accurate attribution of authorship is crucial for maintaining the integrity of digital content, improving forensic investigations, and mitigating the risks of misinformation and plagiarism. Addressing the imperative need for proper authorship attribution is essential to uphold the credibility and ac…

• Examining the Challenges of Intellectual Property in AI-Generated Productions

  Ali Mazhar, Mohammad Zare, Marjan Veysi · 27. Mai 2026

  With the advancement of artificial intelligence systems capable of autonomously generating artistic, literary, musical works, and even inventions without direct human intervention, the intellectual property (IP) regime faces unprecedented questions and challenges. The most critical issue concerns th…

• Inventorship in AI-Assisted Inventions: Designing an Experiment to Shape Case Law

  Yevhenii Shchetynin, Duygu Usta, Bryan Khan · 19. Mai 2026

  The latest improvements in artificial intelligence (AI) raise new challenges for intellectual property laws, particularly concerning the inventorship issue in AI-assisted inventions - that is, those in which AI is used in the inventive process. While most jurisdictions allow only a natural person to…

• Copyright Laundering Through the AI Ouroboros: Adapting the 'Fruit of the Poisonous Tree' Doctrine to Recursive AI Training

  Anirban Mukherjee, Hannah Hanwen Chang · 14. Mai 2026

  Copyright enforcement rests on an evidentiary bargain: a plaintiff must show both the defendant's access to the work and substantial similarity in the challenged output. That bargain comes under strain when AI systems are trained through multi-generational pipelines with recursive synthetic data. As…

• Mutatis Mutandis: Revisiting the Comparator in Discrimination Testing

  Jose M. Alvarez, Salvatore Ruggieri · 4. Mai 2026

  Testing for individual discrimination involves deriving a profile, the comparator, similar to the one making the discrimination claim, the complainant, based on a protected attribute, such as race or gender, and comparing their decision outcomes. The complainant-comparator pair is central to discrim…

• Institutions for the Post-Scarcity of Judgment

  Lauri Lov\'en · 28. April 2026

  Each major technological revolution inverts a particular scarcity and rebuilds institutions around the shift. The near-consensus diagnosis of the AI revolution holds that AI collapses the cost of prediction while judgment remains scarce. This Opinion argues the inversion has now flipped: competent-l…

• Navigating Turbulence: The Challenge of Inclusive Innovation in the U.S.-China AI Race

  Jyh-An Lee, Jingwen Liu · 10. April 2026

  This chapter examines the impact of the geopolitical rivalry between the United States and China on the prospects for inclusive innovation in artificial intelligence (AI) development. We explore three critical aspects of the American and Chinese legal infrastructure that significantly impact AI inno…

• Generative AI Training and Copyright Law

  Sebastian Stober, Tim W. Dornis · 18. März 2026

  Training generative AI models requires extensive amounts of data. A common practice is to collect such data through web scraping. Yet, much of what has been and is collected is copyright protected. Its use may be copyright infringement. In the USA, AI developers rely on "fair use" and in Europe, the…

• Generative AI and LLMs in Industry: A text-mining Analysis and Critical Evaluation of Guidelines and Policy Statements Across Fourteen Industrial Sectors

  Junfeng Jiao, Saleh Afroogh, Kevin Chen, David Atkinson, Amit Dhurandhar · 11. März 2026

  The rise of Generative AI (GAI) and Large Language Models (LLMs) has transformed industrial landscapes, offering unprecedented opportunities for efficiency and innovation while raising critical ethical, regulatory, and operational challenges. This study conducts a text-based analysis of 160 guidelin…

• Creative Ownership in the Age of AI

  Annie Liang, Jay Lu · 13. Februar 2026

  Copyright law focuses on whether a new work is "substantially similar" to an existing one, but generative AI can closely imitate style without copying content, a capability now central to ongoing litigation. We argue that existing definitions of infringement are ill-suited to this setting and propos…

• Open Shouldn't Mean Exempt: Open-Source Exceptionalism and Generative AI

  David Atkinson · 2. Februar 2026

  Open-source status should not shield generative artificial intelligence systems from ethical or legal accountability. Through a rigorous analysis of regulatory, legal, and policy frameworks, this Article contends that open-source GenAI must be held to the same standards as proprietary systems. While…

• Open Shouldn't Mean Exempt: Open-Source Exceptionalism and Generative AI

  David Atkinson · 2. Februar 2026

  Open-source status should not shield generative artificial intelligence systems from ethical or legal accountability. Through a rigorous analysis of regulatory, legal, and policy frameworks, this Article contends that open-source GenAI must be held to the same standards as proprietary systems. While…

• Open Shouldn't Mean Exempt: Open-Source Exceptionalism and Generative AI

  David Atkinson · 2. Februar 2026

  Open-source status should not shield generative artificial intelligence systems from ethical or legal accountability. Through a rigorous analysis of regulatory, legal, and policy frameworks, this Article contends that open-source GenAI must be held to the same standards as proprietary systems. While…

• Implementing AI Bill of Materials (AI BOM) with SPDX 3.0: A Comprehensive Guide to Creating AI and Dataset Bill of Materials

  Karen Bennet, Gopi Krishnan Rajbahadur, Arthit Suriyawongkul, Kate Stewart · 30. Januar 2026

  A Software Bill of Materials (SBOM) is becoming an increasingly important tool in regulatory and technical spaces to introduce more transparency and security into a project's software supply chain. Artificial intelligence (AI) projects face unique challenges beyond the security of their software, …

• Beyond Pairwise Comparisons: A Distributional Test of Distinctiveness for Machine-Generated Works in Intellectual Property Law

  Anirban Mukherjee, Hannah Hanwen Chang · 27. Januar 2026

  Key doctrines, including novelty (patent), originality (copyright), and distinctiveness (trademark), turn on a shared empirical question: whether a body of work is meaningfully distinct from a relevant reference class. Yet analyses typically operationalize this set-level inquiry using item-level evi…

• Artificial Intelligence and Intellectual Property Rights: Comparative Transnational Policy Analysis

  Sahibpreet Singh, Manjit Singh · 27. Januar 2026

  Artificial intelligence's rapid integration with intellectual property rights necessitates assessment of its impact on trade secrets, copyrights and patents. This study addresses lacunae in existing laws where India lacks AI-specific provisions, creating doctrinal inconsistencies and enforcement ine…

• Representative Litigation Settlement Agreements in Artificial Intelligence Copyright Infringement Disputes: A Comparative Reflection Based on the U.S

  Chanhou Lou · 27. Januar 2026

  The high-density, decentralized copyright conflicts triggered by generative AI training require more than ad hoc solutions; they demand structural governance tools. This article argues that representative litigation settlement agreements offer a distinct institutional advantage. Beyond reducing the …