Paradigm Reconfiguration of Artificial Intelligence Generated Content (AIGC) Copyright Protection

With the breakthrough development of generative AI technology, the traditional legal framework is facing serious challenges in the protection of AI-generated content copyright. China's current Copyright Law is difficult to adapt to the technological reality due to the conflict between the logic of "anthropocentrism" and the "non-human origin" of AIGC, the ambiguity of the originality determination standard, and the lack of rules on the attribution of rights, etc. This paper analyzes the differences in judicial practice and the disputes in the academic field on the relevant issues. This paper reveals the theoretical dilemmas and practical contradictions of the current system by analyzing the differences in judicial practice and the disputes in the academic field. On this basis, it puts forward the paradigm reconstruction path for the copyright protection of AI-generated content: firstly, to break through the element of "human intellectual achievements", and add the category of "technologically generated works"; secondly, to improve the defects in the identification of the main body, and to emphasize the user as the leading creator, and the limited rights of the developers and platforms. The second is to improve the defects in the identification of the subject, emphasize the limited rights of developers and platforms, and construct a "layered protection + contribution quantification" rights attribution mechanism, distinguishing between the complete protection of strongly original content and the limited exclusivity rights of weakly original content. Through comparative law and localized system design, this paper aims to provide a theoretical framework for AIGC copyright protection that balances technological innovation and legal fairness.

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Publication Details

Journal
Theory and Practice of Science and Technology
Published
2025-01-01
DOI
https://doi.org/10.47297/taposatwsp2633-456920.20250605
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
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article

Paradigm Reconfiguration of Artificial Intelligence Generated Content (AIGC) Copyright Protection

Tianyu Pang
Theory and Practice of Science and Technology
Law, AI, and Intellectual Property
article

Paradigm Reconfiguration of Artificial Intelligence Generated Content (AIGC) Copyright Protection

Tianyu Pang
article en

Abstract

With the breakthrough development of generative AI technology, the traditional legal framework is facing serious challenges in the protection of AI-generated content copyright. China's current Copyright Law is difficult to adapt to the technological reality due to the conflict between the logic of "anthropocentrism" and the "non-human origin" of AIGC, the ambiguity of the originality determination standard, and the lack of rules on the attribution of rights, etc. This paper analyzes the differences in judicial practice and the disputes in the academic field on the relevant issues. This paper reveals the theoretical dilemmas and practical contradictions of the current system by analyzing the differences in judicial practice and the disputes in the academic field. On this basis, it puts forward the paradigm reconstruction path for the copyright protection of AI-generated content: firstly, to break through the element of "human intellectual achievements", and add the category of "technologically generated works"; secondly, to improve the defects in the identification of the main body, and to emphasize the user as the leading creator, and the limited rights of the developers and platforms. The second is to improve the defects in the identification of the subject, emphasize the limited rights of developers and platforms, and construct a "layered protection + contribution quantification" rights attribution mechanism, distinguishing between the complete protection of strongly original content and the limited exclusivity rights of weakly original content. Through comparative law and localized system design, this paper aims to provide a theoretical framework for AIGC copyright protection that balances technological innovation and legal fairness.

Theory and Practice of Science and TechnologyVol. 6(5)
Gansu Institute of Political Science and Law (CN)
Openalex Percentile: Top 91%
Law, AI, and Intellectual Property
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