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Copyright, Antitrust, and the Politics of Generative AI

BY | November 19, 2025

The rapid ascent of generative artificial intelligence has unsettled the long-standing relationship between copyright and antitrust law. Copyright, once described as conferring “mini-monopolies” in expression, contains embedded safeguards such as...

The rapid ascent of generative artificial intelligence has unsettled the long-standing relationship between copyright and antitrust law. Copyright, once described as conferring “mini-monopolies” in expression, contains embedded safeguards such as fair use, the idea–expression dichotomy, first sale, compulsory licenses, and misuse approximate an internal competition policy. Antitrust, by contrast, has traditionally operated as an external guardrail, disciplining exclusionary conduct when ma

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