Daryl Lim (Pennsylvania State U) has posted “Notification And Permission-Based Approaches For Generative AI Platforms” (CPI TechReg Chronicle, October 2024) on SSRN. Here is the abstract:
This article explores the regulatory frameworks governing generative AI platforms, focusing on two primary models: notification-based systems, exemplified by the U.S. Digital Millennium Copyright Act (“DMCA”), and permission-based systems, as seen in the European Union’s AI Act. While notification-based models emphasize flexibility and innovation, they may leave creators vulnerable to exploitation. Conversely, permission-based systems provide stronger protections for content creators but risk stifling technological advancement. The article advocates for a hybrid regulatory approach, blending risk-based notifications and private ordering, to balance the interests of innovation and intellectual property protection. This article charts a forward-looking path reconciling generative AI’s potential with the need to respect and protect creative rights by examining key legislative frameworks.