A statutory model of compensation for the use of works in artificial intelligence training as a proposal for systemic strengthening of copyright in the era of machine learning

Andrzej Madera

Littera Scripta, 2025, vol. 18, issue 2

Abstract: The dynamic development of generative artificial intelligence has revealed the structural inadequacy of traditional copyright mechanisms for the mass, automated processing of data used in model training processes. Classic licensing systems, based on identifiable and individual access to a work, are unable to function in an environment where a single algorithm processes millions of protected content in a way that cannot be reproduced using existing regulatory tools. The article analyzes the legal and economic rationale behind the proposal to introduce a statutory compensation model for the use of works in artificial intelligence training, inspired by the European system of reprographic fees. The study attempts to demonstrate that this model can be an effective tool for balancing the interests of creators and technology companies, while strengthening the stability of the copyright system. It also points to the need to supplement future regulations with data transparency obligations and appropriate institutional instruments to enable the efficient redistribution of remuneration. The results of the analysis lead to the conclusion that statutory compensation can become the foundation for the sustainable development of the creative and technological ecosystem in an era of growing AI autonomy.

Keywords: Artificial intelligence; copyright; machine learning; reprographic fees; statutory compensation; text and data mining; generative AI models; protection of creators (search for similar items in EconPapers)
Date: 2025
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