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Artificial Intelligence and Creativity: Between Participation and Objection

Edited by: Guido Westkamp, Noam Shemtov

ISBN13: 9781035355600
To be Published: September 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £105.00





This timely book explores the challenges posed by AI to the creative sector, emphasizing the consequences for authors and creators. Featuring cutting-edge contributions from leading international legal scholars, it interrogates whether existing rights and legal frameworks can adapt to the rise of AI, or if entirely new rules are needed.

Questioning traditional legal concepts in light of AI’s transformative influence, contributors assess fields such as intellectual property, privacy and data protection, fundamental rights and international law. They discuss the various facets of AI regulation, copyright and payment models, as well as different legal regimes and their applicability to AI, including unfair competition. The book also confronts under-explored issues like generative AI training, the regulation of rights reservation, author remuneration and perspectives on AI in the Global South.

Artificial Intelligence and Creativity is a key resource for scholars and students of intellectual property law, as well as practicing lawyers specializing in the law of artificial intelligence. Researchers in other disciplines, from economics to the humanities, interested in the impact of AI and its regulation will also benefit from its comprehensive overview of this increasingly complex and controversial field.

Subjects:
Intellectual Property Law, IT, Internet and Artificial Intelligence Law
Contents:
1. Artificial intelligence, standards and patents 1
Enrico Bonadio and Akshita Rohatgi
2. Human copyright and generative AI training 22
Robert Brauneis
3. Is there a captain in the ship? The EU copyright regulator’s quest in the generative AI era 44
Christophe Geiger and Vincenzo Iaia
4. The AI Act and open source 74
Thomas Hoeren and Stefan Pinelli
5. AI for creative reuse: a balanced approach 81
Georgia Jenkins
6. The multi-layered regulation of rights reservation (opt-out) under EU copyright law and the AI Act – for the benefit of whom? 100
Péter Mezei
7. Property or propriety? Unfair competition law and generative AI development and exploitation 125
Chris Reed
8. Winning the Race: America’s AI Action Plan scrubbing inappropriate AI bias – where have all the lysergic Vikings
gone? 157
Gary Rinkerman
9. The AI Act and author remuneration – a model for other regions? 168
Martin Senftleben
10. When AI wreaks havoc across the equator: a right to object by the Global South? 205
Guan Tang and Brian Leung
11. The freedom to mine and train artificial intelligence models and the limits of copyright and personality rights law 228
Guido Westkamp