The Evolving Landscape of AI and Copyright

In an exclusive interview at Adobe Summit 2026, Louise Pentland, Adobe's Chief Legal Officer, emphasized the importance of a pragmatic approach to AI copyright law. She urged policymakers to avoid radical changes and instead focus on practical solutions that balance innovation with the protection of creators.

Pentland highlighted that while tech companies should not redefine copyright law, they have a responsibility to maintain authenticity and protect creators in the age of AI assistance. "We don't want it to stifle innovation," she said, "but at the same time, we can't leave it completely unchecked."

The Need for Evolution, Not Revolution

The discussion with Pentland comes at a pivotal moment in AI copyright law. The shift from rejecting copyright protection for AI-generated assets to considering protection for content that includes human input is significant. However, determining what constitutes 'enough' human involvement remains a challenge.

In 2025, the US Copyright Office granted protection to an image created with AI assistance, marking the first instance of copyright protection for AI-generated work. Pentland expressed pride in this case, noting that the artist, Kent Keirsey, now works at Adobe. It is likely that he contributes to internal discussions about copyright within the company.

Despite this progress, the decision was made by a single human or group of humans, and its application may vary globally due to the case-by-case nature of copyright protection. Pentland believes that while changes are necessary to standardize thresholds for global consistency, existing frameworks can be adapted with clearer guidance rather than being rewritten entirely.

"The worst thing you could do is rip everything up and start again," Pentland stated, referencing ongoing court activities where traditional laws are already being applied.

Human Creativity as the Core

At the heart of Adobe's position on AI is the belief that human creativity is irreplaceable. This principle extends beyond copyright to model training. "If you disincentivize creators to create content or images, then what are you going to have?" Pentland asked, warning that failing to protect artists could undermine the data foundations that generative AI relies on.

Her team advocates for stronger protections for all creators, including those who have given permission for their work to feed training datasets. The goal is to maintain human creativity and ensure that the AI ecosystem continues to thrive.

Technology as a Governance Tool

Pentland believes that software developers also have a responsibility in governing AI. For Adobe, this means promoting Content Credentials, described as "a durable, industry-standard metadata type that acts like a digital nutrition label for content." This initiative aims to create verifiable content trails, protecting consumers against threats like deepfakes and enabling users to verify authenticity.

So far, the 'Big Five' camera makers (Fujifilm, Sony, Canon, Nikon, and Leica) and some Android manufacturers (Google Pixel and Samsung Galaxy) have implemented Content Credentials. Popular platforms like LinkedIn, YouTube, Meta, and TikTok have also adopted this technology.

When questioned about watermarking, Pentland rejected visible marks as the default solution, favoring options like metadata or QR-style verification to preserve the integrity of an artist's work.

A Layered Approach to AI Copyright

The future of AI copyright and protection is not uniform, nor is it solely the responsibility of regulators. Generative AI tools have been around for years, but courts are still grappling with defining copyright in the AI era.

With regulators drafting new interpretations of existing rules and software vendors introducing governance elements into their technologies, it is clear that a single, unified solution is not emerging. The challenge lies in the differing goals of regions such as the US, EU, and UK.

"It's a fallacy to think there would be a universal standard that would apply globally," Pentland said. "But we can dream."

Instead, a layered approach combining existing copyright laws with slight modifications, technologies that verify content authenticity, and better creator protection seems likely. This multifaceted strategy will shape the future of AI copyright in a rapidly evolving digital landscape.