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NLJ this week: AI art, copyright law & the creative clash

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Writing in NLJ this week, Ben Travers of Foot Anstey examines the unresolved legal tensions at the heart of AI-generated content, following the high-profile Getty v Stability AI case. Although the primary copyright claim was dropped, Travers argues the core issues remain: can AI be trained on copyrighted material without permission, and who owns the output?

He notes that while IP law has adapted to past tech shifts—from VCRs to streaming—it now faces a new challenge: users increasingly see AI as a creative partner, not just a tool. This raises questions about authorship, infringement, and whether existing frameworks—designed for human creators—can cope.

Travers warns that users may unwittingly cede rights, echoing early social media missteps. As governments seek to balance innovation with protection, Travers calls for legal clarity on how copyright applies to AI training, output, and liability—before the creative landscape is reshaped beyond recognition.

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