arthistoricum.net

The question of whether AI-generated content (AIGC) should be granted copyright protection is controversial. The United States and China have come to apparently opposing conclusions on the question. This paper suggests that clarity can be found through revisiting the origins and purpose of copyright. Copyright systems developed to protect human creations around the world, influenced by the commodification of works and the recognition of the author’s personal dignity within them. The foundation of copyright is the notion of “authorship.” The advent of Generative AI has prompted a reevaluation of authorship and human creativity. Historically, authorship was primarily associated with labour, skill, and judgment, but this standard gradually was replaced by “creativity.” The creation process of AIGC may involve significant labour, selection (skill), and arrangement (judgment), prompting a reconsideration of whether understanding of authorship in the context of AI should return to an earlier standard. AI prompt input and post-generation editing may reflect a certain degree of the AI user’s personality, which raises the question of moral rights. Generative AI has also provoked copyright policy considerations, such as, whether there is a state interest in promoting high-quality AIGC and concerns about AIGC replacing human art. This paper explores the development of copyright, some of its justifications, and how technology forces the doctrine to evolve in order to then examine several instances where AIGC has been evaluated for protectability, and suggest some considerations for those determinations.