Navigating the grey zone: Jean-Sébastien Dupont on GenAI and Canadian copyright law with Canadian Lawyer

In a recent article published by Canadian Lawyer, Jean-Sébastien Dupont discusses the challenges introduced by generative AI (GenAI) in the context of Canadian copyright law. As GenAI technologies evolve rapidly, issues around ownership and copyright infringement become increasingly pressing.

Jean-Sébastien emphasizes a key principle in copyright law, stating, “What you can protect is the expression of an idea, not the idea itself”. One of the main challenges with GenAI tools is that they are trained on massive datasets including copyrighted works. These tools, which can imitate a distinctive style, may come dangerously close to replicating an original work. “The question with GenAI is whether its outputs cross that line”, he adds.​

Regarding the statutory nature of Canadian copyright law, Jean-Sébastien notes, “Judges interpret the law as it’s written; they don’t create it. So, we’re operating in a legal grey zone until Parliament steps in or courts issue clear rulings”. As GenAI continues to evolve, the discussion around how Canadian copyright law adapts, particularly regarding the distinction between inspiration and infringement, remains crucial.

Read the full article via the Canadian Lawyer website.