Citation:
[Journal:] IIC - International Review of Intellectual Property and Competition Law [ISSN:] 2195-0237 [Volume:] 56 [Issue:] 9 [Publisher:] Springer [Place:] Berlin, Heidelberg [Year:] 2025 [Pages:] 1734-1751
Abstract:
Advancements in generative artificial intelligence (AI) have raised significant challenges for copyright law. These include the issue of distinguishing between copyrightable and non-copyrightable AI-based output and the risk of copyfraud. One potential solution that might be envisaged in this regard is to subject non-copyrightable AI-based output to a transparency obligation. While these questions remain a topic of debate within copyright law, an answer may have already crystallised beyond its boundaries. In this vein, the article attempts to elucidate whether copyright law, in its quest to address the complexities at hand, can benefit from the marking requirement under Art. 50(2) AI Act. To this end, the article provides an overview of this provision, explores the technical and legal challenges associated with it, and analyses its prospects for copyright law. The article concludes that, despite its appeal, Art. 50(2) AI Act is unlikely to constitute a solution for differentiating between copyrightable and non-copyrightable AI-based output and combating copyfraud, and points to other approaches that are being discussed in this context.