THE COPYRIGHTABILITY OF AIGC

Abstract

When studying the copyrightability of AIGC, we should focus on analyzing authorship and originality. First, under the backdrop of new technologies, the core approach of defining authorship based on the actual creator remains unchanged, similar to traditional creative models. The significance of establishing authorship in copyright law lies in assessing the creator's causal responsibility for the creative expression produced. Consequently, the focus shifts to how causal relationships can explain the impact of pre- and mid-creative phase actions on authorship. Second, within China's legal practice, originality is typically decomposed into two dimensions—“independence” and “creativity”—for interpretation and definition. Firstly, “independence” represents the independence of the creative process, signifying a work independently completed by the author and originating from their labor, rather than plagiarized, altered, or appropriated from others. Secondly, “originality” denotes creativity, meaning the work must embody the author's intellectual creation and individual expression, encompassing a minimum level of creative labor.