The Copyright Protection Issue of Artificial Intelligence-Generated Creations: A Dialectical Analysis of Law and Practice

Abstract

This article discusses the issue of the nature of works generated by artificial intelligence similar to ChatGPT and the protection of copyright laws. The author first analyzes the content of artificial intelligence generated products or the provisions on the nature of works in major national laws. This article further analyzes the legal practices of various countries in the qualitative analysis of artificial intelligence generated works based on cases of artificial intelligence copyright in different countries. We explored two theoretical perspectives regarding the copyrightability of two types of artificial intelligence-generated works. The first perspective emphasizes the absence of unique individuality in artificial intelligence creations and highlights the discord between the objectives of copyright law and the essence of artificial intelligence-generated works. In contrast, we delved into supportive viewpoints that underscore the potential legal basis for copyright in machine-generated works, the originality introduced by artificial intelligence, and the involvement of humans in the creative process. As the artificial intelligence industry matures, it underscores the necessity for effective legislative actions to fortify the existing legal framework, adapting it to the ever-evolving domain of AI-driven creativity. This approach is pivotal for fostering innovation while concurrently safeguarding the legitimate rights and interests of artificial intelligence creators and users.