From the Perspective of Originality: Analysis of the Legal Nature of Artificial Intelligence Products
With the rapid proliferation of advanced artificial intelligence, such as GPT, the volume of AI-generated content on the internet has surged significantly. Consequently, the question of whether AI-generated content should be safeguarded by copyright law has emerged as a critical issue in both academic and practical domains. The determination of the eligibility of AI-generated content for copyright protection hinges on the assessment of its originality. Current research in the field of AI-generated content copyrightability has brought to light two distinct standards of originality: subjective and objective. However, a challenge arises when weighing the merits and drawbacks of these two standards. Given the inherent complexity of AI-generated content, a singular standard may not comprehensively and accurately encapsulate its attributes. Therefore, the most judicious approach at present appears to be a fusion of the subjective and objective standards, thereby embracing a more comprehensive framework that accounts for the nuanced nature of AI-generated content and its potential for originality under copyright law.
Authors
- Yahui Zhao (ORCID: https://orcid.org/0009-0008-6410-2627)
- Tianqi Wang (ORCID: https://orcid.org/0000-0002-1730-8744)
- Jiaming Lu
Institutions
- Northwestern Polytechnical University (CN)
- Yanbian University (CN)
- Nanjing Audit University (CN)
Publication Details
- Journal
- Highlights in Business Economics and Management
- Published
- 2024-08-08
- DOI
- https://doi.org/10.54097/r3a35344
- Primary Topic
- Law, AI, and Intellectual Property
- Type
- article
- Field-Weighted Citation Impact
- 0.00