The relationship between law and technology: comparing legal responses to creators’ rights under copyright law through safe harbour for online intermediaries and generative AI technology

Abstract

The governance of AI, and now generative AI, is becoming a significant issue of concern for intellectual property law and legal regulators across the world. This article addresses this from the perspective of how the law responds when it is perceived as an obstacle to technological development and progress. It demonstrates, through the example of ‘safe harbour’, the ease with which the legal rights of copyright holders were compromised for technological progress, the problems and public backlash this led to, and how this can be seen to be reflected in a more cautious approach being taken now by some legislators against further weakening the rights of copyright holders in the name of generative AI technology. As a case study of copyright law’s reaction to challenges posed by the internet and AI technology, it re-affirms the law’s role as a fundamental safeguard of basic rights and the often necessary requirement for it to provide creative and proactive ways to ensure society can enjoy the benefits of technological progress while protecting our normative and practical liberties.