AI Originality Revisited: Can We Prompt Copyright over AI-Generated Pictures?

Abstract

Abstract With the advent of large language models (LLMs) that can generate qualified content, such as images based on text prompts, the threat posed by AI creativity has become imminent. Courts and institutions in the US and China have provided different answers with regard to the copyrightability of prompt-based images. This article argues that the judicial recognition of text-to-image copyrightability at the current stage is dangerous. Not only is the practice not in accordance with our traditional understanding of originality and the author-work relationship; it also fails to consider the collateral consequences of such a finding. Perfectly regulating AI-generated content (AIGC) may be beyond the judiciary’s capacity, as the solutions are provided within an ill-suited framework. It would be preferable for legislators to engage in thorough discussions with stakeholders to develop a considered regulatory plan first, which does not necessarily have to revolve around copyright.