Generative AI and the information commons: controversy, copyright, and closure

Knowledge or information commons is a critical concept in communication and information policy necessary to understand generative AI (genAI) governance. We introduce the concept of the commons as an existing problem for AI governance and develop a conceptual framework for commons management solutions for genAI. We then evaluate if commons management informs active AI governance. Focusing on efforts in the United States, we analyse regulatory submissions to the Office of Copyright, drafting a new policy for generative AI. The case selection follows an established link in the field between intellectual property and commons management. Collectively, through mixed computational and qualitative analysis, we argue that submissions demonstrate the importance of commons management to AI governance, but the insufficiency of commons management solutions for AI. We conclude by outlining how common theory must address the challenge of AI.