Research on Legal Protection Paths for AI-Generated Content in International Trade

AI-generated content(AIGC) has emerged as a new form of creation across various industries, promoting international trade while undermining the stability and uniformity of copyright protection in international trade and leading to unequal international protection of copyright. Through the analysis of the recognition of the copyrightability of AIGC under international copyright law, it is evident that there is a universal consensus among countries that human involvement is a necessary factor for granting copyright, and that AI itself cannot possess copyright. Under these circumstances, most countries appear to have already adopted or plan to adopt measures that consider AI developers or users as the authors of AIGC. In reality, various viewpoints acknowledging the copyrightability of AIGC lack legal basis and are not the most effective means to promote the development of the AI industry. The "works" protected by international copyright law must be creations of humans. Although AIGC may formally meet the requirement of "originality," it does not constitute a work. In order to respond to the practical needs of the development of the AI industry while maintaining the stability of the copyright system, it is advisable to incorporate AIGC into the protection of neighboring rights.