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.

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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
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article

From the Perspective of Originality: Analysis of the Legal Nature of Artificial Intelligence Products

Yahui Zhao, Tianqi Wang, Jiaming Lu
Highlights in Business Economics and Management
Law, AI, and Intellectual Property
article

From the Perspective of Originality: Analysis of the Legal Nature of Artificial Intelligence Products

Yahui Zhao, Tianqi Wang, Jiaming Lu
article en

Abstract

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.

Highlights in Business Economics and ManagementVol. 39
Northwestern Polytechnical University (CN), Yanbian University (CN), Nanjing Audit University (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 89%
Law, AI, and Intellectual Property
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From the Perspective of Originality: Analysis of the Legal Nature of Artificial Intelligence Products — Yahui Zhao, Tianqi Wang, et al. · Highlights in Business Economics and Management (2024) | TGRS Research Map | TGRS