How U.S. Copyright Law Protects Global Competitiveness in AI
Big Picture: The United States is the global leader in artificial intelligence, thanks in part to the flexibility of U.S. copyright law and its doctrine of fair use. This legal framework enables AI models to leverage a broad range of materials for training, fostering innovation and economic growth.
- Why it matters: By promoting both intellectual property rights and innovation, the U.S. is currently the global leader in AI. When the world relies on American technology and infrastructure, it creates economic and security advantages for America and its allies. Unnecessary changes to the law could disrupt this equilibrium, allowing other nations to establish rules that undermine our position.
- An ambitious competitor: China has aggressively positioned itself as a global AI powerhouse, investing heavily in AI research, infrastructure and data collection. The Chinese government has outlined AI leadership as a strategic priority, aiming to surpass the U.S. in AI capabilities by 2030.
Why the U.S. must lead: The U.S. has historically set the gold standard for emerging technologies. If policymakers restrict AI training data, it could create self-imposed barriers to growth, allowing other nations to dictate global AI rules and benefit from less restrictive environments. It is necessary to take steps to reinforce U.S. leadership in AI innovation, rather than implementing roadblocks that cause the US to fall behind.
- A history of exploitation: Some countries, including China, have long disregarded intellectual property rights when it suits their interests, freely using copyrighted materials and proprietary data to accelerate their own technology — often at the expense of U.S. innovators.
- China’s rapid AI acceleration: China’s AI development benefits from lax copyright enforcement, allowing it to absorb global intellectual property while U.S. companies operate under stricter constraints.
- Shift in leadership could weaken AI security: If the U.S. loses its competitive edge, the global AI landscape risks being dominated by adversarial nations, which could compromise trust, innovation, and the advancement of responsible AI technologies.
What’s next: Policymakers must resist short-sighted changes that could weaken America’s position at this crucial moment. Our strong and adaptive copyright system ensures that AI innovation happens on U.S. terms — driving economic growth, safeguarding intellectual property, and maintaining global leadership.
- Closing the gap: China’s AI industry is catching up to the U.S., with major advancements in large language models, autonomous systems and military applications. The combination of state funding, data access, and a more permissive regulatory environment has allowed China to narrow the AI gap faster than expected.
- Leading by example: Maintaining the current copyright framework in the U.S. will ensure that the world follows America’s lead, rather than the other way around. If the U.S. imposes restrictive copyright policies that hinder AI training, it could accelerate China’s AI ascent at America’s expense.
The bottom line: U.S. copyright law has long supported innovation while protecting intellectual property rights. Surrendering this advantage could mean ceding the future of AI to those who view intellectual property as a resource to exploit rather than a right to protect.
