International Journal of Law and Society

Research Article | | Peer-Reviewed |

On the Copyright Protection of Creation Produced by Artificial Intelligence

Received: 11 November 2023    Accepted: 4 December 2023    Published: 26 December 2023
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Abstract

The development of artificial intelligence has posed significant challenges to the traditional copyright system. While some AI creations already meet the current legal requirements for originality, there are still obstacles in granting copyright protection to AI creations, such as the use of "human" as constituent elements and the denial of AI's legal personality. Without copyright protection for AI creations, there will be a proliferation of "orphan works" and "ownerless works," which not only discourages creativity but also may lead to widespread infringement in this field. To overcome these challenges, adjustments should be made in the laws of various countries in several aspects. First, it is necessary to moderately adjust the criteria for judging the originality of works, basing the judgment on the content itself and creating originality standards suitable for AI-generated works. Second, a copyright registration system for AI creations should be established to provide a clear framework for identifying and protecting these works. Finally, from the perspective of legal personification granted by the law, the copyright of AI creations can be attributed to the AI itself at the appropriate time, acknowledging the unique creative contribution of AI systems. These adjustments will help better address the copyright protection needs in the era of artificial intelligence and ensure a balanced and effective legal framework for AI-generated works.

DOI 10.11648/j.ijls.20230604.16
Published in International Journal of Law and Society (Volume 6, Issue 4, December 2023)
Page(s) 293-297
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Artificial Intelligence, Creation Produced by Artificial Intelligence, Copyright Protection

References
[1] Liang Zhiwen (2017). Legal Protection of Artificial Intelligence Creations. Legal Science (Journal of Northwest University of Political Science and Law), 35(5): 156-165.
[2] Lv Bingbin (2023). Theoretical Reconstruction of Copyright Law for the Artificial Intelligence Era: Towards the Proposed Authorship Theory. Nanjing Social Sciences, 10: 90-103.
[3] Xiong Qi (2017). Copyright Determination of Artificial Intelligence Generated Content. Intellectual Property, 3: 3-8.
[4] Wu Handong (2017). Institutional Arrangements and Legal Regulations in the Era of Artificial Intelligence. Legal Science (Journal of Northwest University of Political Science and Law), 35(5): 128-136.
[5] Wang Qian (2017). Qualification of Content Generated by Artificial Intelligence in Copyright Law. Legal Science (Journal of Northwest University of Political Science and Law), 35(5): 148-155.
[6] Li Chengliang, Wang Huimin (2017). The Copyrightability of Robot Creations. Theoretical Observation, 6: 87-89.
[7] Wang Liming (2018). New Challenges to Civil Law in the Era of Artificial Intelligence. Eastern Jurisprudence, 3: 4-9.
[8] Jonathan Siderits (2016). The Case for Copyrighting Monkey Selfie. U. CIN. L. REV., 84(1): 327-348.
[9] Wu Yuhui, Wu Guoping (2015). Game Theory Analysis of the Incentive Function of Copyright Law. Intellectual Property, 3: 58-62.
[10] Deng Wen (2023). Research on the Copyrightability of Generated AI Content Represented by ChatGPT. Politics and Law, 9: 84-97.
[11] Guo Yan (2018). Difficulties and Solutions in the Copyright System of Artificial Intelligence Creations. China Publishing, 12: 67-69.
[12] Xie Lin, Chen Wei (2019). Resolving Copyright Dilemmas of Artificial Intelligence Generated Works under the Proposed Authorship Rules. Legal Application, 9: 38-47.
[13] Ding Xiaodong (2023). Deconstruction and Reconstruction of Copyright: Legal Reflections on the Legal Protection of Artificial Intelligence Works. Legal System and Social Development, 29(5): 109-127.
[14] Stephen M. Bainbridge (1997). Community and Statism: A Conservative Contractarian Critique of Progressive Corporate Law Scholarship. CORNELL L. REV, 4: 860.
Cite This Article
  • APA Style

    Wei, Z. (2023). On the Copyright Protection of Creation Produced by Artificial Intelligence. International Journal of Law and Society, 6(4), 293-297. https://doi.org/10.11648/j.ijls.20230604.16

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    ACS Style

    Wei, Z. On the Copyright Protection of Creation Produced by Artificial Intelligence. Int. J. Law Soc. 2023, 6(4), 293-297. doi: 10.11648/j.ijls.20230604.16

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    AMA Style

    Wei Z. On the Copyright Protection of Creation Produced by Artificial Intelligence. Int J Law Soc. 2023;6(4):293-297. doi: 10.11648/j.ijls.20230604.16

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  • @article{10.11648/j.ijls.20230604.16,
      author = {Zeng Wei},
      title = {On the Copyright Protection of Creation Produced by Artificial Intelligence},
      journal = {International Journal of Law and Society},
      volume = {6},
      number = {4},
      pages = {293-297},
      doi = {10.11648/j.ijls.20230604.16},
      url = {https://doi.org/10.11648/j.ijls.20230604.16},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230604.16},
      abstract = {The development of artificial intelligence has posed significant challenges to the traditional copyright system. While some AI creations already meet the current legal requirements for originality, there are still obstacles in granting copyright protection to AI creations, such as the use of "human" as constituent elements and the denial of AI's legal personality. Without copyright protection for AI creations, there will be a proliferation of "orphan works" and "ownerless works," which not only discourages creativity but also may lead to widespread infringement in this field. To overcome these challenges, adjustments should be made in the laws of various countries in several aspects. First, it is necessary to moderately adjust the criteria for judging the originality of works, basing the judgment on the content itself and creating originality standards suitable for AI-generated works. Second, a copyright registration system for AI creations should be established to provide a clear framework for identifying and protecting these works. Finally, from the perspective of legal personification granted by the law, the copyright of AI creations can be attributed to the AI itself at the appropriate time, acknowledging the unique creative contribution of AI systems. These adjustments will help better address the copyright protection needs in the era of artificial intelligence and ensure a balanced and effective legal framework for AI-generated works.
    },
     year = {2023}
    }
    

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    Y1  - 2023/12/26
    PY  - 2023
    N1  - https://doi.org/10.11648/j.ijls.20230604.16
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    T2  - International Journal of Law and Society
    JF  - International Journal of Law and Society
    JO  - International Journal of Law and Society
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    EP  - 297
    PB  - Science Publishing Group
    SN  - 2640-1908
    UR  - https://doi.org/10.11648/j.ijls.20230604.16
    AB  - The development of artificial intelligence has posed significant challenges to the traditional copyright system. While some AI creations already meet the current legal requirements for originality, there are still obstacles in granting copyright protection to AI creations, such as the use of "human" as constituent elements and the denial of AI's legal personality. Without copyright protection for AI creations, there will be a proliferation of "orphan works" and "ownerless works," which not only discourages creativity but also may lead to widespread infringement in this field. To overcome these challenges, adjustments should be made in the laws of various countries in several aspects. First, it is necessary to moderately adjust the criteria for judging the originality of works, basing the judgment on the content itself and creating originality standards suitable for AI-generated works. Second, a copyright registration system for AI creations should be established to provide a clear framework for identifying and protecting these works. Finally, from the perspective of legal personification granted by the law, the copyright of AI creations can be attributed to the AI itself at the appropriate time, acknowledging the unique creative contribution of AI systems. These adjustments will help better address the copyright protection needs in the era of artificial intelligence and ensure a balanced and effective legal framework for AI-generated works.
    
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Author Information
  • Law School, Shantou University, Shantou, China

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