Generative Artificial Intelligence (GenAI) in Higher Education

Multiple questions surround the intersection of AI, copyright, and CC licenses.

• Does unauthorized use of copyrighted works in LLM training data equate to copyright infringement? Opinions vary, and legal processes continue. However, the first related ruling in Thomson Reuters Enterprise Center GMBH and West Publishing Corp. V Ross Intelligence, Inc. is favorable for rightsholders (finding against the specific AI training targeted in this case).
   
• Who, if anyone, can own the copyright to a work created by generative AI? The Copyright Office has indicated that "human authorship is required for copyright protection, that it will refuse to register works solely generated by AI, and that any material which is not the product of human authorship must be disclaimed on a registration application."
         Some works have had only specific human-created components registered, while other items containing "more than a de minimis amount of AI-generated work" have been rejected for registration. (quotes from "AI and Copyright Law in 2023," Rachel Kim)
         A new 2025 report from the Copyright Office affirms that works wholly generated by AI are not copyrightable, the level of human control over the AI output will be central to questions of copyrightability, and "based on the functioning of current generally available technology, prompts do not alone provide sufficient control." (Report, page iii)
   
• Is it automatically permissible to use Creative Commons/CC-licensed content in generative AI models? This is not necessarily a given; it depends on the precise CC license applied and how the content is used. For more details, reference these two resources from Creative Commons: "Understanding CC Licenses and Generative AI," and "FAQ on AI & CC." These include a terrific flowchart for analyzing use!

Further Resources on Copyright Issues in GenAI