Study on the Copyrightability of Objects Created by Artificial Intelligence

With the continuous development of AI technology, the emergence of a large number of AI-generated products has brought about many urgent problems for copyright law. At the forefront of this issue is the question of whether AI-generated objects can be copyrighted. In this paper, we first summarize the consistent jurisprudential ideas through case studies: analyzing the controversial aspects of "originality" and "intellectual achievement" in the definition of works to determine whether AI-generated products are works. In terms of originality, applying the criteria of "unique" and "original", this paper analyzes and concludes that AI generators meet the requirements of "unique", but do not meet the requirements of "original", and therefore do not have originality. The analysis in this paper concludes that AI generation satisfies the requirement of "unique" but not "original", and therefore does not have originality. In terms of intellectual achievements, this paper divided the subjects who enjoy the ownership of intellectual achievements into the AI itself and the natural person who uses the AI, and analyzed and came to the conclusion that the AI is not the intellectual achievements of the above two subjects. Therefore, the generation of AI does not meet the terms of the definition of a work, is not a work within the meaning of the Copyright Act, and cannot be copyrighted.