Abstract

In the era of generative artificial intelligence, whether machine creations have copyright is a controversial issue. This paper takes the first domestic copyright infringement case of artificial intelligence-generated works heard by the Beijing Internet Court as the background, and takes the “creative tool theory” adopted in the judgment as the basis for the copyright infringement case. " is used as the main analytical tool to explore the copyright subject qualification of artificial intelligence. At the same time, the "presumed author theory" is used as a supplementary theory for research. It is proposed that a dual subject structure of "creator-right holder" can be established under the Chinese legal framework to solve the problem. The dilemma of subject qualification of works generated by generative artificial intelligence.

Keywords: 

generative artificial intelligence, copyright law, subject qualification, creation tool theory, “author-copyright holder” dichotomy

Issue

Vol. 1 (2025): 2024 International Conference on Art and Design, Education, Media and Social Sciences (DEMSS 2024)

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