By Andrea Popara

Copyright law is entering a new era as artificial intelligence and digital manipulation reshape how creative works are used, reproduced, and distributed. Over the last year, courts, lawmakers, and creators have been forced to confront major questions about Artificial Intelligence (AI) training, AI‑generated outputs, and the growing threat of deepfakes.

AI Training and Copyright Concerns

Courts have begun to focus on whether AI companies may legally train their models on copyrighted works. Recent cases show that fair use is no longer counted automatically. For a long time, the tech industry assumed that training AI on copyrighted works counted as fair use because AI tools were seen to be transformative and used as a tool to learn new patterns not copy. However, because companies used copyrighted works as training tools for AI, many times the company did not need to ask for permission or seek licenses for the copyrighted works.

Where does that bring us now? Judges now treat AI training like any other copyright case and these companies must now prove fair use on a case-by-case basis.

Market Harm and the Future of Human Creation

Another central question in these cases is whether AI‑generated outputs can effectively replace the work of human creators. Courts are examining whether synthetic content competes with original works, weakens their economic value, or undermines existing markets. In response, many companies are moving toward “cleaner” practices, such as licensing training data and tracking its origins, in an effort to reduce legal risk.

Deepfakes Enter the Political Spotlight

As elections approach, deepfakes have introduced a new urgency into the debate, with lawmakers warning that synthetic media could be weaponized to deceive voters and undermine democratic processes.

Major Cases Shape the Future

One high‑profile example is Getty Images’ revived claim against Stability AI (the company behind Stable Diffusion). This AI system for Stable Diffusion has been trained to generate images that resemble Getty images and may even go so far as to producing watermarks. However, in December 2025, the judge in the Getty case agreed that Getty’s copyright arguments raised novel and important legal issues about whether AI‑generated images can be treated as infringing copies.

What the Future Holds?

While we have gladly accepted AI into our lives and, for some of us, use it on a daily basis – it begs to question, has AI blurred the line between creative expression and brand identity or is this a new technological era that we have no use in denying? While this question may still be difficult to answer, one thing is for certain, AI can replicate patterns and outputs, but it cannot replace the human touch. This is because creativity, judgment, and lived experience remain beyond the reach of machines.

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