Author: Dr. LI Enhan, Deputy Director of Token Digital Economy Research Center, CDI

Editor’s note: In the wave of global digitalization and intelligence, AI's role in artistic creation is challenging the foundations of copyright law. Questions about the originality of AI works, their copyright ownership, and the criteria for infringement are now at the forefront for legal experts. Against this backdrop, China and the United States, as major global players, are navigating the uncharted waters of AI and copyright with their distinct legal practices likely to shape international norms.

The growth of artificial intelligence (AI) requires a redefinition of traditional copyright concepts, including authorship, originality, and the attribution of rights and liabilities associated with infringement. While AI creations increase in complexity, the consensus finds that AI should not be granted authorship, as copyright is intended for human creations. However, with technological advancements and increasingly diversified creative forms, this position may encounter greater challenges and debates.

In the U.S., copyright law insists on a conservative approach and stipulates that human authorship is essential for copyright eligibility. This was evident in the case of "A Recent Entrance to Paradise," in which the court clearly stated that the prerequisite for copyright protection is "human authorship," thereby denying copyright registration for AI-generated pieces (Mathur, 2023). The U.S. demands significant human creativity in a work to deem it copyrightable, thus often excluding AI-generated works from copyright protections.

China, in contrast, demonstrates greater flexibility. When assessing AI-generated works, Chinese courts consider both the originality and the degree of human involvement and tend to judge whether works reflect human intellectual input and individuality. In the "Dreamwriter" case, the People's Court of Nanshan District in Shenzhen handed down a judgment in…