Determining the Originality of AI-Generated Works: A Prompt-Based Perspective

In a landmark decision, the Beijing Internet Court became the first in the world to recognise the copyright status of an AI-generated image, marking a significant step forward in the legal treatment of such content. However, the question of the source of originality in such works remains unresolved. At the heart of this debate lies the question of whether the prompts provided by human users play a decisive role in determining the originality of AI-generated outputs. This article addresses this issue by examining the function of prompts in the generative process and evaluating their influence on the originality of the resulting work. Based on this analysis, the article proposes a dual-standard framework for evaluating the originality of AI-generated content, combining “authorial personality” with a “minimal degree of creativity”. This standard aims to reduce uncertainty in originality assessments and enhance the objectivity of legal determinations. The framework is designed to accommodate the characteristics of diverse work types, align with the principles of human creativity and the legislative intent of copyright law, and ultimately promote innovation and cultural flourishing.