Journal of Science Policy & Governance
Volume 26, Issue 01 | June 16, 2025

Policy Memo 
Applying Copyright Law to Artificial Intelligence

Anna L. Medina
  • United States Military Academy at West Point, Department of Physics and Nuclear Engineering, West Point, New York, United States
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​Corresponding author:  [email protected] ​​​
Keywords: Dobbs v. Jackson; abortion; maternal health; provider shield laws; telehealth; reproductive justice; healthcare infrastructure
https://doi.org/10.38126/JSPG260105 ​

Executive Summary

The rapid advancements in generative artificial intelligence (GAI) have outpaced the existing framework of US copyright law. No clear policies address the ownership of an AI-generated product or require ethical sourcing of training data, a tool used as a preventative measure for copyright infringement. As a result of this legal ambiguity, the U.S. Copyright Office, GAI system providers, content creators, and consumers are at odds with each other over unlicensed data usage and unfair market practices. To address the gap in copyright law and GAI, two policy recommendations are considered for implementation into the United States legislature: a legal amendment of Title 17 of the US Code that defines sufficient human authorship in GAI products and an introduction of the Copyright Transparency and Ethical Sourcing Act (CTESA) that mandates periodic disclosure of training data sources and ethical data sourcing requirements. The CTESA is ultimately chosen due to its feasibility within the current law and its broader impact on intellectual property rights protections.

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Background header image courtesy of TSystems
Anna L. Medina is a senior undergraduate cadet at the United States Military Academy at West Point. Upon graduation, she will earn a degree in Space Science from the Department of Physics and Nuclear Engineering and commission into the United States Army as a Second Lieutenant. She was born and raised in Buffalo, NY. Her background inspires her to bring a unique perspective to her military and academic pursuits. Anna is a proud member of the West Point Chapter of the Society of Hispanic Professional Engineers, where she advocates for diversity and innovation in STEM fields. 

References

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