Who Owns the Knowledge? Copyright, GenAI, and the Future of Academic Publishing

TL;DR

This paper explores the legal and ethical challenges of integrating GenAI into academia, emphasizing the need for clearer copyright policies, author rights, and international regulation to safeguard scientific integrity and open science principles.

Contribution

It critically analyzes current copyright frameworks and proposes policy recommendations for protecting authors' rights and fostering responsible AI use in research.

Findings

Current legal frameworks have significant gaps regarding AI training data.

Licensing mechanisms like Creative Commons are insufficient for AI training needs.

Authors should have explicit rights to opt-out of AI training use.

Abstract

The integration of generative artificial intelligence (GenAI) and large language models (LLMs) into scientific research and higher education presents a paradigm shift, offering revolutionizing opportunities while simultaneously raising profound ethical, legal, and regulatory questions. This study examines the complex intersection of AI and science, with a specific focus on the challenges posed to copyright law and the principles of open science. The author argues that current regulatory frameworks in key jurisdictions like the United States, China, the European Union, and the United Kingdom, while aiming to foster innovation, contain significant gaps, particularly concerning the use of copyrighted works and open science outputs for AI training. Widely adopted licensing mechanisms, such as Creative Commons, fail to adequately address the nuances of AI training, and the pervasive lack of attribution within AI systems fundamentally challenges established notions of originality. While current doctrine treats AI training as potentially fair use, this paper argues such mechanisms are inadequate and that copyright holders should retain explicit opt-out rights regardless of fair use doctrine. Instead, the author advocates for upholding authors' rights to refuse the use of their works for AI training and proposes that universities assume a leading role in shaping responsible AI governance. The conclusion is that a harmonized international legislative effort is urgently needed to ensure transparency, protect intellectual property, and prevent the emergence of an oligopolistic market structure that could prioritize commercial profit over scientific integrity and equitable knowledge production. This is a substantially expanded and revised version of a work originally presented at the 20th International Conference on Scientometrics & Informetrics (Kochetkov, 2025).