Exploring Copyright Attribution and Infringement Compensation for Cultural Works Generated by Artificial Intelligence (AI)

Abstract

With the widespread application of artificial intelligence across various industries, the issue of copyright attribution for AI-generated works has become increasingly prominent. While AI itself lacks legal personhood, the works it creates can generate corresponding benefits, making the allocation of copyright attribution an urgent challenge to resolve. The justification for protecting AI-generated works lies in the fact that such creations are based on human-programmed instructions and algorithms. Both the developers and users of AI systems deserve respect and protection. AI-generated works are products of human subjective consciousness and function as tools to assist humanity. Although AI lacks autonomous creative capacity, the works it produces hold value—including emotional, economic, and literary value.

AI-generated works share similarities and differences with human-created works in terms of copyright. AI creations can reflect the personalities of developers and users and are protected under copyright law. However, AI cannot attain legal protection equivalent to that of humans, as its creative process remains confined to collecting information and synthesizing new works based on human demands. Nevertheless, AI creation provides humanity with additional avenues and methods to express inner thoughts and feelings, thereby enriching cultural prosperity.

Establishing copyright ownership for AI-generated works requires corresponding protective measures. Both the user and creator (developer) should jointly bear or determine the copyright ownership of AI works. Simultaneously, the types of protected AI creations—including literary, artistic, and scientific works—must be clarified, with case-by-case analysis based on the characteristics of the creative process and outcomes. To strengthen copyright protection for AI-generated works, it is recommended to clarify their legal status, establish a copyright registration system, enhance international cooperation and exchange, and strengthen legal education and publicity. These measures can effectively address the copyright protection challenges posed by AI technology, providing robust legal safeguards for the healthy development of AI technology and societal progress.