Copyright in the Age of AI

Copyright in the Age of AI is a complex topic where legal interpretations are still evolving. Active learning strategies like debate and case study analysis allow students to grapple with these ambiguities directly, fostering critical thinking about evolving legal landscapes.

• Grade 12
• The Arts
• 3 activities
• 45 min–75 min

Formal Debate

⏱ 60 min·Small Groups

Formal Debate: AI Authorship and Ownership

Divide students into groups to debate whether AI-generated art should be copyrightable and, if so, who should hold the copyright. Assign roles such as 'AI developer,' 'human artist,' and 'legal scholar' to encourage diverse perspectives.

Prepare & details

Explain the challenges of applying existing copyright law to AI-generated content.

Facilitation Tip: During the Debate: AI Authorship and Ownership, ensure students are using arguments grounded in copyright principles and not just personal opinions about AI's capabilities.

Setup: Two teams facing each other, audience seating for the rest

Materials: Debate proposition card, Research brief for each side, Judging rubric for audience, Timer

• Analyze
• Evaluate
• Create
• Self-Management
• Decision-Making

Case Study Analysis

⏱ 45 min·Small Groups

Case Study Analysis: AI Training Data

Present students with a hypothetical scenario involving an AI trained on copyrighted images without explicit permission. Students will analyze the potential legal ramifications for the AI developer and the original artists.

Prepare & details

Design a policy framework that addresses authorship and ownership for AI-assisted creations.

Facilitation Tip: During the Case Study Analysis: AI Training Data, guide students to identify the specific legal questions raised by the scenario and the trade-offs involved in potential solutions.

Setup: Groups at tables with case materials

Materials: Case study packet (3-5 pages), Analysis framework worksheet, Presentation template

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

Case Study Analysis

⏱ 75 min·Small Groups

Policy Drafting Workshop: AI Creation Guidelines

In small groups, students will draft a set of guidelines or a policy framework for attributing authorship and ownership of AI-assisted creative works. They should consider different levels of AI involvement.

Prepare & details

Assess the implications of AI training on copyrighted datasets for artists and creators.

Facilitation Tip: During the Policy Drafting Workshop: AI Creation Guidelines, prompt groups to consider how their proposed guidelines address both human and AI contributions to creative works.

Setup: Groups at tables with case materials

Materials: Case study packet (3-5 pages), Analysis framework worksheet, Presentation template

• Analyze
• Evaluate
• Create
• Decision-Making
• Self-Management

Teaching This Topic

Teaching copyright and AI requires moving beyond declarative statements of law, as much of it is unsettled. Instead, focus on the process of legal reasoning by presenting students with conflicting viewpoints and encouraging them to construct their own informed positions. Emphasize the 'why' behind legal doctrines, like the purpose of copyright, to help students analyze AI's impact.

What to Expect

Students will demonstrate an understanding of the challenges AI poses to traditional copyright by articulating arguments about authorship, ownership, and fair use. Successful learning is evident when students can apply legal concepts to novel AI-related scenarios and discuss the ethical implications.

Watch Out for These Misconceptions

Common Misconception

During the Debate: AI Authorship and Ownership, students might assume AI-generated art is automatically public domain because there is no human author.

What to Teach Instead

When students make this claim during the debate, redirect them to the arguments presented in their research, highlighting that legal experts are proposing various frameworks for AI authorship and ownership, and the public domain is only one possibility.

Common Misconception

During the Case Study Analysis: AI Training Data, students might conclude that training AI on copyrighted material is always fair use.

What to Teach Instead

If students in the Case Study Analysis: AI Training Data suggest the AI training is definitively fair use, prompt them to identify which prongs of the fair use test are most contested in this specific scenario and what counterarguments exist.

Assessment Ideas

Peer Assessment

After the Debate: AI Authorship and Ownership, have students evaluate their peers' arguments based on their clarity, use of legal reasoning, and engagement with counterarguments.

Discussion Prompt

After the Case Study Analysis: AI Training Data, use a discussion prompt asking students to articulate the most significant legal or ethical challenge presented by the case and justify their reasoning.

Quick Check

During the Policy Drafting Workshop: AI Creation Guidelines, circulate and ask groups to explain the rationale behind one of their drafted guidelines, checking for understanding of attribution and ownership principles.

Extensions & Scaffolding

• Challenge: Have students research and present on a recent court case or legislative proposal related to AI and copyright.
• Scaffolding: Provide sentence starters or a graphic organizer for students struggling to structure their arguments in the debate or policy drafting.
• Deeper Exploration: Assign students to research and compare copyright laws in different countries regarding AI-generated content.