SEARCH ARTICLE

27 Pages : 308-320

http://dx.doi.org/10.31703/gssr.2025(X-III).27      10.31703/gssr.2025(X-III).27      Published : Sep 2025

The Doctrine of Latent Copyrights: Protecting Generative AI Models through Representational Layers

    Generative artificial intelligence systems not only produce expressive outputs, but also provide rich latent spaces, i.e., mathematical objects that express the semantic relation among the training data. These unique representational strata represent creative associations and redefine the traditional limits of copyright law. The article introduces the concept of Latent Copyrights, which proposes the provision of copyright protection to intermediate representations of the products generated by AI. It examines the use of computational creativity for the purpose of copyright protection. Engaging in a comparative analysis of the copyright regimes of the U.S., U.K., and E.U., this study suggests a relative system to ensure the protection of innovation, interoperability, and responsibility. The aim is to streamline the Latent Copyright theory of intellectual property with the technicalities of machine learning by offering a paradigm that conceptualizes representational layers of an AI-generated product as a medium of Copyright.

    Latent Copyright, Generative AI, Intellectual Property, Trade Secrets, Computational Creativity
    (1) Ali Nawaz Khan
    Assistant Professor, University Law College, University of the Punjab, Lahore, Punjab, Pakistan.
    (2) Bakht Munir
    Postdoctoral Fellow, The University of Kansas School of Law, USA.
    (3) Ahmed Raza
    LLM Scholar, Pennsylvania State University, USA.