AI and Copyright: How Lessons from Litigation Can Pave the Way to Licensing

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This article examines key legal themes and critical questions arising from recent developments at the intersection of AI and Copyright law.

As the AI revolution accelerates and continues to reshape traditional business models, it has triggered a cascade of new legal, regulatory and policy challenges. At the forefront of these emerging issues are a growing number of high-stakes legal battles between content creators and major Generative AI (GenAI) companies behind large language models (LLMs). This article by Kirti Gupta and Elias Ilin examines key legal themes and critical questions arising from recent developments at the intersection of AI and Copyright law.

As the AI and copyright battles unfold in the courts and the fair use doctrine is put to the test, some economic and technical analysis can help shed the light on the fair use factors, providing the empirical evidence that has been lacking.

This article was originally published by IP Watchdog in February 2026.

AI and Copyright: How Lessons from Litigation Can Pave the Way to Licensing

Authors

Kirti Gupta
  • Location icon Los Angeles
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Kirti Gupta

Vice President and Chief Economist of Global Technology

Elias Ilin
  • Location icon San Francisco
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Elias Ilin

Manager