From the Perspective of Originality: Analysis of the Legal Nature of Artificial Intelligence Products

Abstract

With the rapid proliferation of advanced artificial intelligence, such as GPT, the volume of AI-generated content on the internet has surged significantly. Consequently, the question of whether AI-generated content should be safeguarded by copyright law has emerged as a critical issue in both academic and practical domains. The determination of the eligibility of AI-generated content for copyright protection hinges on the assessment of its originality. Current research in the field of AI-generated content copyrightability has brought to light two distinct standards of originality: subjective and objective. However, a challenge arises when weighing the merits and drawbacks of these two standards. Given the inherent complexity of AI-generated content, a singular standard may not comprehensively and accurately encapsulate its attributes. Therefore, the most judicious approach at present appears to be a fusion of the subjective and objective standards, thereby embracing a more comprehensive framework that accounts for the nuanced nature of AI-generated content and its potential for originality under copyright law.