Publication Type
Journal Article
Version
publishedVersion
Publication Date
12-2025
Abstract
This article examines the need for copyright reform in response to the transformative impact of generative artificial intelligence. It identifies key legal challenges, including the absence of clear criteria for authorship and the infringement risks associated with both inputs (training of large language models) and outputs (AI-generated content). The authors argue that two overarching themes—creativity and fairness—will drive the future development of copyright law. Through a comparative analysis of how three jurisdictions—the United States, China, and Singapore—have addressed these challenges, the article offers practical and forward-looking insights for navigating the complex copyright landscape of the generative AI era.
This article was first published in Singapore Academy of Law Journal.
Keywords
generative artificial intelligence, copyright law, authorship, AI-generated content, training data, intellectual property reform, comparative law, creativity, fairness, legal regulation
Discipline
Intellectual Property Law
Research Areas
Innovation, Technology and the Law
Publication
Singapore Academy of Law Journal
Volume
37
First Page
749
Last Page
789
Publisher
Singapore Academy of Law
City or Country
Singapore
Embargo Period
1-8-2026
Citation
PENG, Huijuan and TAN, David.
Copyright in the generative AI era: Reimagining creativity and fairness. (2025). Singapore Academy of Law Journal. 37, 749-789.
Available at: https://ink.library.smu.edu.sg/sol_research/4690
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal-Special-Issue/Current-Issue/ctl/eFirstSALPDFJournalView/mid/503/ArticleId/2149/Citation/JournalsOnlinePDF