The Creator Economy's Reckoning with Generative Artificial Intelligence: Why Law Alone Will Not Save Unrepresented Creators

Abstract

This article explores how Canadian copyright law addresses the challenges posed by generative artificial intelligence (AI), particularly regarding content creation and intellectual property rights. It particularly highlights key concerns related to the exploitation of AI training data, cultural appropriation, unauthorized monetization of AI-generated works, and the economic displacement of creators. Findings reveal gaps in Canadian copyright law, particularly in its handling of AI-generated content and lack of clear frameworks for protecting creators’ livelihoods and compensating creators whose data is used nonconsensually. It concludes by underscoring the need for policy reform in copyright law to better protect creators’ rights, especially in the face of evolving AI technologies.