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| Format: | Preprint |
| Published: |
2026
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| Online Access: | https://arxiv.org/abs/2601.17631 |
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| _version_ | 1866911396896178176 |
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| author | Lou, Chanhou |
| author_facet | Lou, Chanhou |
| contents | The high-density, decentralized copyright conflicts triggered by generative AI training require more than ad hoc solutions; they demand structural governance tools. This article argues that representative litigation settlement agreements offer a distinct institutional advantage. Beyond reducing the transaction costs associated with the "tragedy of the anticommons," these agreements generate market-visible evidence, specifically pricing signals and licensing practices, that validate the "potential market" under the fourth factor of fair use. This phenomenon constitutes procedural market-making. Through a comparative analysis of the U.S. Bartz class action settlement, this study reveals a dual motivation: a surface-level drive for risk aversion and remedy locking, and a deeper logic of constructing a training-licensing market. In the context of Chinese law, the feasibility of such agreements depends not on replicating foreign models, but on establishing three interpretive mechanisms: expanding the functional definition of "same category" claims; adopting a hybrid registration/confirmation system for indeterminate class membership; and converting the "consent" requirement under Article 57, Paragraph 3 of the Civil Procedure Law into a workable opt-out right subject to judicial scrutiny. |
| format | Preprint |
| id |
arxiv_https___arxiv_org_abs_2601_17631 |
| institution | arXiv |
| publishDate | 2026 |
| record_format | arxiv |
| spellingShingle | Representative Litigation Settlement Agreements in Artificial Intelligence Copyright Infringement Disputes: A Comparative Reflection Based on the U.S Lou, Chanhou Computers and Society The high-density, decentralized copyright conflicts triggered by generative AI training require more than ad hoc solutions; they demand structural governance tools. This article argues that representative litigation settlement agreements offer a distinct institutional advantage. Beyond reducing the transaction costs associated with the "tragedy of the anticommons," these agreements generate market-visible evidence, specifically pricing signals and licensing practices, that validate the "potential market" under the fourth factor of fair use. This phenomenon constitutes procedural market-making. Through a comparative analysis of the U.S. Bartz class action settlement, this study reveals a dual motivation: a surface-level drive for risk aversion and remedy locking, and a deeper logic of constructing a training-licensing market. In the context of Chinese law, the feasibility of such agreements depends not on replicating foreign models, but on establishing three interpretive mechanisms: expanding the functional definition of "same category" claims; adopting a hybrid registration/confirmation system for indeterminate class membership; and converting the "consent" requirement under Article 57, Paragraph 3 of the Civil Procedure Law into a workable opt-out right subject to judicial scrutiny. |
| title | Representative Litigation Settlement Agreements in Artificial Intelligence Copyright Infringement Disputes: A Comparative Reflection Based on the U.S |
| topic | Computers and Society |
| url | https://arxiv.org/abs/2601.17631 |