Authorship of Artificial Intelligence-Generated Works and Possible System Improvement in China

Abstract

With the rapid development of artificial intelligence technology, artificial intelligence (AI) is able to create “original” literature, artistic or musical works that do not differ significantly from human works. This raises a series of new questions for copyright theory and practice. AI-generated works should be considered works protected by copyright law; it can meet a minimal degree of originality. Since giving authorship to AI would be contrary to civil law and the theory of natural person author, AI cannot be regarded as an author. The authorship of its creations should be vested in its users. For AI-generated works, there are some certain gaps in China’s current copyright system that need to be filled, such as fair use and term of protection.