Intellectual Property and Brainpower Versus AI in Academic Publish; Academe Magazine, AAUP, Spring 2026

Kelly Hand , Academe Magazine, AAUP; Intellectual Property and Brainpower Versus AI in Academic Publish

"The concept of transformation is central to US copyright law—which privileges “transformative” uses of copyrighted material in evaluating “fair use”—and emerging case law on AI. It’s worth thinking about what kind of transformation we value as human readers and writers and as beneficiaries of published academic research—particularly as we reckon with piracy in the training of LLMs and the unchecked growth of the AI industry. Considerations about how academic publications enable AI’s transformative processes extend beyond concerns about emotional authenticity important in creative writing to those about intellectual integrity and factual accuracy. 

Authors, editors, and publishers will need to make consequential IP decisions—including those about settlements in lawsuits over AI piracy, invitations to enter into licensing agreements with AI companies seeking to avoid future lawsuits, and editorial policies and guidelines to prevent the misuse of AI in academic research and writing. Some individuals and organizations, including scholarly publications and presses, will encounter opportunities to “cash in.” However, their relatively modest financial gains facilitate the disproportionate enrichment of AI companies that use copyrighted material for training LLMs. Even if that use is transformative in the strict legal sense, it fails to effect the kind of transformation that depends on the uniquely human capacities for thinking, feeling, and complex analysis. Academic journals and university presses must also protect IP—by upholding ethical standards and principles of copyright law—and commit to publishing human-authored works."