Distinguishing Copyrightable from Non-Copyrightable AI-Generated Content

Distinguishing Copyrightable from Non-Copyrightable AI-Generated Content

Journal article

1 electronic resource (page 772–781)

Extract Copyright Law, Art. 3; Civil Procedure Law, Art. 67 – Butterfly Art Chair Headnotes by the Editorial Office 1. Content primarily and automatically generated by AI graphic software should not be identified as a work. However, if a user employs AI graphic software as a tool and the result reflects a human’s original intellectual input, then the AI-generated content should be protected as a work under copyright law. 2. Users of text-to-image AI software cannot determine the final expression of an image through a single-round input of simple prompts and parameters. Therefore, a court can determine whether images generated from text constitute original intellectual achievements by relying on original records of the creation process and assessing whether users exercised aesthetic choices and made personalised judgments. 3. The randomness and uncertainty of AI-generated content, which make it impossible to recreate the exact generation process of the same content, are also important factors in the assessment and contribute to non-copyrightability of the output.

Crossref

GRUR International ; 74, 8, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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