On the Copyright of Content Generated by Artificial Intelligence

Abstract

While generative artificial intelligence participates in human creative activities on a large scale, it cannot be a natural human subject or an anthropomorphic subject because of its lack of rationality. However, copyright law encourages the creation of works, and under certain conditions, artificial intelligence generated content is conducive to the realization of the legislative purpose of copyright law and satisfies the objective criteria of originality of works, and therefore, such content has copyrightability. Under this premise, the attribution of artificial intelligence generated content copyright needs to be discussed. At present, there are designer’s, user’s and owner’s views on its attribution. According to the current copyright law, in principle, the copyright of artificial intelligence generated content belongs to the user, but in special cases, it belongs to legal persons, employers, trustees and other subjects, unless otherwise agreed by the parties.