Context

• The rapid development of artificial intelligence has reignited an old legal debate: the role of copyright in promoting creativity and access to knowledge.
• Originally intended to encourage learning and artistic production, modern copyright law has expanded into a powerful monopoly that increasingly restricts innovation, accessibility, and technological progress.
• Through historical analysis, real-world examples, and contemporary technological concerns, it becomes clear that rigid copyright regimes, particularly in the age of AI, obstruct rather than promote creativity.
• Reforming copyright law to include flexible exceptions, especially for accessibility and data analysis, is therefore essential.

Accessibility and the Right to Read

• The human impact of strict copyright laws is most visible in the struggle of visually impaired readers.
• For years, individuals could not legally obtain accessible-format books across borders, even when sighted readers could freely purchase the same works.
• The Marrakesh Treaty, achieved after sustained advocacy by disability rights groups, addressed this injustice by allowing accessible book formats and cross-border exchange.
• This episode reveals a deeper problem: copyright industries often resist exceptions even when they prevent disabled individuals from accessing knowledge.
• The conflict was not about economic loss but about control.
• The struggle for accessible books demonstrates that copyright can function not merely as a legal protection but as a barrier to fundamental rights such as education and information access.

The Historical Expansion of Copyright

• Historical Context
  • Understanding this issue requires historical perspective. Copyright law is relatively recent compared to art and literature.
  • The 1710 Statute of Anne granted authors a limited 14-year monopoly, conditional on registration and public distribution through libraries.
  • The purpose was clear: encourage learning while ensuring knowledge eventually entered the public domain.
• Modern Copyright Law
  • Modern copyright law is dramatically different. Protection now arises automatically upon creation and lasts for the author’s lifetime plus seventy years after death.
  • Even trivial materials such as social media posts receive extensive legal protection.
  • Consequently, the public domain, once the default, has become the exception.
  • This transformation has produced what scholars call copyright maximalism, where protection is expanded regardless of public cost.
  • The result is a system that prioritises control over dissemination of knowledge.

Artificial Intelligence and Data Use

• The problem becomes more urgent with artificial intelligence. AI models require vast datasets, and language models in particular depend on analysing large volumes of text.
• Copyright law, however, treats machine data analysis as equivalent to human reading and this equivalence is flawed.
• AI systems do not read works for enjoyment or expression; they process statistical patterns.
• Many jurisdictions recognise this distinction. Countries such as Japan, Singapore, and members of the European Union permit text and data mining because it does not substitute for the original work.
• Japan’s law explicitly allows uses that do not involve experiencing the ideas or emotions of a work.
• Without similar provisions, legal uncertainty surrounds AI development.
• In several countries, even web search engines technically violate copyright because they must copy webpages to index them. Such restrictions hinder technological progress and research.

The Path Forward

• Addressing the Concerns of the Impact of AI on Creativity, Employment, and Technological Change
  • Critics argue that AI threatens creative professions, however, copyright law is designed to encourage creativity, not to preserve specific occupations.
  • History shows that technological change always reshapes labour markets.
  • Photography reduced portrait painting but expanded visual art. Automation eliminated telegraph operators and typesetters but created new professions.
  • The impact of AI on creative industries remains uncertain, and social policies such as public arts funding may be necessary.
  • Yet these concerns should not be addressed by restricting learning or data analysis through copyright law.
• Toward Balanced Reform
  • Rather than abolishing copyright, reform should restore balance. Laws should encourage contributions to the commons, such as open-source datasets and publicly accessible AI models.
  • Governments can curate public datasets and protect them from infringement claims when used for research and open innovation.
  • Flexible exceptions, similar to fair use or text-and-data mining provisions, would allow accessibility technologies, research tools, and AI systems to operate legally while still protecting commercial exploitation of creative works.
  • This approach aligns copyright with its original objective: focusing on knowledge creation and dissemination.

Conclusion

• Copyright law was established to promote creativity and public learning, yet its modern expansion often prevents both.
• From restricting accessible books for the visually impaired to creating legal uncertainty for AI research, rigid copyright regimes hinder innovation and access to knowledge.
• Artificial intelligence has exposed the limitations of current law, revealing the urgent need for reform.
• By adopting flexible exceptions and encouraging shared knowledge resources, societies can ensure that copyright once again serves its true purpose, advancing creativity, technology, and human understanding rather than obstructing them.