The Uncertain Boundaries of Authors’ Rights in AI Authorship: A Comparative Study of IP Authorship in AI-created Works in China vs the UK.

Abstract According to the 2020 White Paper published by the European Commission (EC), the EU’s funding for AI research and technology has increased by 70% in the past three years, compared to the preceding three years. Yet, this investment into AI is approximately half of Aisa’s investment (€6.5 billion) and a quarter of the USA's (€12.1 billion).[1] The recent boom in public use and understanding of ChatGTP and its competitors has led to governments and international agencies rushing to discuss whether the current supporting Intellectual property legislation is fit for purpose and if not, how can it be developed to be so. Artificial intelligence is being used to generate creative and factual works. Two questions look to be answered here. Firstly, can such works be protected by authorship rights or copyright, and if so to whom does the Authorship rights or copyright belong? Global consensus stands that the ‘author’ must be human and capable of accepting liability, accepting human authorship of AI-assisted works, but not AI-generated. Secondly, the UK and China are both vying to become leaders in AI innovation. So far China has followed a utilitarian approach to legislation, broadening the idea of AI-assisted works, whilst the UK may allow transfer of ownership to a legal entity, both permitting AI-created works Authorship and copy-right protectable. [1] European Commission White Paper on Artificial Intelligence - A European Approach to Excellence and Trust (Brussels, 19.2.2020 COM (2020) 65 final), 4.