Generative AI, education, and copyright law: an empirical study of policymaking in UK universities

Generative artificial intelligence (GenAI) tools such as ChatGPT, Stable Diffusion, and Gemini are promising to revolutionise higher education. While universities encourage students to embrace GenAI, many are unaware of the risks of crossing the blurred lines between use and misuse. The ongoing uncertainty as to whether copyright law if fit for GenAI highlights the urgency to delineate the policy framework surrounding the use of GenAI in academia. Against this backdrop, the current article explores the intersection between GenAI, education, and copyright by analysing the AI policies of UK higher education institutions (HEIs) obtained through Freedom of Information (FOI) requests. In particular, the article considers the policy-making processes, the stakeholders involved, and the role of copyright in these policies. In addition, it presents two case studies that aim to add nuance to the current discourse around AI authorship and infringement. By addressing these critical issues, this article aspires to shine a light on areas of tension between copyright, education, and GenAI, and to equip HEIs and educators with the tools to use GenAI in more critical and responsible ways.