Copyright protection for AI-generated outputs: The experience from China |
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| Affiliation: | 1. Free University of Brussels (VUB-LSTS), Belgium;2. Tilburg University (TILT), The Netherlands;1. Centre for Competition Law and Policy, Shanghai Jiao Tong University, China;3. School of Accounting Auditing and Taxation (incorporating ATAX), UNSW Business School, University of New South Wales, Australia;1. Institute for Chinese Legal Modernization Studies, law School of Nanjing Normal University, Collaborative Innovation Center for Regional Rule of Law in Jiangsu, No.1 Wenyuan Road, Nanjing 210023, China;2. School of Intellectual Property of Nanjing University of Science & Technology, Intellectual Property Development Research Center of Jiangsu Province, No.200 Xiaolingwei Street, Nanjing 210094, China;3. law School of Zhejiang University, No.51 Zhijiang Road, Hangzhou 310008, China;1. KoGuan School of Law, Shanghai Jiao Tong University, China;2. KoGuan School of Law, Shanghai Jiao Tong University , China |
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| Abstract: | Artificial intelligence (AI) is involved more frequently in the creative process nowadays, which raises debates associated with copyright protection for its outputs across the globe, China included. On 25 April 2019, the Beijing Internet Court released the first decision in relation to the copyrightability of the output automatically generated by computer software in China. In this case, the Beijing Internet Court held that copyrightable works should be created by natural persons, and therefore denied copyright protection for the output intelligently generated by computer software although it possessed originality. In another case decided on 24 December 2019, the Nanshan District Court of Shenzhen approved that the output automatically generated by computer software was copyrightable, holding that the review generated by an intelligent writing software conformed to the formal requirements of written works and it could be granted copyright protection.This article analyses these two cases in detail and describes the experience of China in copyright protection for AI-generated outputs. As the first two cases about copyrightability of AI-generated outputs in China, the two cases play a significant role in future copyright protection of such outputs nationally and internationally. The two cases indicate that some of AI-generated outputs are eligible for copyright protection in China. Instead of challenging the existing doctrines of modern copyright regime, the two decisions provide a mechanism for copyright protection of AI-generated outputs within the current human-centered copyright law realm. |
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