China’s regulations on the attribution of AI-generated content: an exploration based on the open-ended approach

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Abstract This article examines the issue of copyright ownership for AI-generated content under China’s current copyright law, with a particular focus on the open-ended classification system introduced by the 2020 Copyright Law amendment and its practical implications. This amendment marks a shift in Chinese copyright law from a closed-list approach to an open-ended approach, thereby extending copyright protection to non-traditional works, such as AI-generated content. Despite including catch-all provisions and refining the criteria for work classification, ambiguities persist regarding the requirements for originality and the categorical hierarchy, continuing to fuel debates on the copyrightability of AI-generated content. This article analyses representative copyright dispute cases involving AI-generated content to illustrate the adjudicative stance of Chinese courts. Significant differences exist among courts regarding standards for originality and intellectual achievement, with rulings often heavily reliant on individual judges’ interpretations of technology and the creative process, which results in considerable discretion. Additionally, the ambiguous relationship between traditional work categories and catch-all provisions facilitates the classification of AI-generated content as a new type of work, potentially leading to an undue expansion of copyright protection. This article offers recommendations from both legislative and judicial perspectives, proposing the establishment of a ‘priority application for traditional work categories’ principle in legislation, issuing judicial interpretations to clarify AI’s instrumental role in creation and advocating for a cautious and substantive assessment in court to determine whether AI-generated content meets the characteristics of a protected work.