Exploring Copyright Protection for Artificial Intelligence Outputs Based on the Interaction Between Technology and Law

In response to the issues of whether artificial intelligence (AI) outputs can be protected by copyright, to whom the rights should belong, and how infringement should be determined, this study adopts a method combining normative analysis and historical analysis. Starting from the historical logic of copyright law’s response to technological change, it sorts out and analyzes institutional responses under the impact of printing, photography, audio and video recording, and Internet technologies, and identifies three patterns: human beings as the creative subject, a balance between empowerment and limitation of rights, and judicial action taking the lead. The study shows that generative artificial intelligence (generative AI) has the attribute of a tool, and the copyrightability of its outputs depends on the substantial intellectual control exercised by humans in prompts, parameters, selection, and revision. The degree of human contribution should be used as the standard for distinguishing weak protection from strong protection; fair use should be moderately relaxed at the training input end, substantial similarity should be strictly regulated at the output end, the burden of proof on developers should be strengthened, and judicial adjudication should comprehensively consider the responsibilities of all parties.

Authors

Institutions

Publication Details

Journal
Environment, social and governance.
Published
2026-10-28
DOI
https://doi.org/10.70267/esg.v3n4.6374
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Exploring Copyright Protection for Artificial Intelligence Outputs Based on the Interaction Between Technology and Law

Yuxuan Li
4 links
Environment, social and governance.
Law, AI, and Intellectual Property
article

Exploring Copyright Protection for Artificial Intelligence Outputs Based on the Interaction Between Technology and Law

Yuxuan Li
article en

Abstract

In response to the issues of whether artificial intelligence (AI) outputs can be protected by copyright, to whom the rights should belong, and how infringement should be determined, this study adopts a method combining normative analysis and historical analysis. Starting from the historical logic of copyright law’s response to technological change, it sorts out and analyzes institutional responses under the impact of printing, photography, audio and video recording, and Internet technologies, and identifies three patterns: human beings as the creative subject, a balance between empowerment and limitation of rights, and judicial action taking the lead. The study shows that generative artificial intelligence (generative AI) has the attribute of a tool, and the copyrightability of its outputs depends on the substantial intellectual control exercised by humans in prompts, parameters, selection, and revision. The degree of human contribution should be used as the standard for distinguishing weak protection from strong protection; fair use should be moderately relaxed at the training input end, substantial similarity should be strictly regulated at the output end, the burden of proof on developers should be strengthened, and judicial adjudication should comprehensively consider the responsibilities of all parties.

Environment, social and governance.Vol. 3(4)
Northwest University of Politics and Law (CN)
Peace, justice, and strong institutions
Openalex Percentile: Top 14%
Law, AI, and Intellectual Property
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon
Exploring Copyright Protection for Artificial Intelligence Outputs Based on the Interaction Between Technology and Law — Yuxuan Li · Environment, social and governance. (2026) | TGRS Research Map | TGRS