Abstract:
The rapid development of artificial intelligence (AI) generation capabilities has enabled the creation of outputs resembling works of art, sparking debates over the eligibility of AI-generated works for copyright protection. The eligibility of AI-generated works for copyright protection should adhere to a human-centric approach. If there is no direct human involvement or intellectual contribution, and the work does not reflect human aesthetic preferences, it should not be eligible for copyright protection. Only when natural persons in AI-generated works have made non-negligible substantial intellectual contributions that meet the “quality” criteria, and when the overall creative contribution meets the “quantity” criterion of at least half, thereby reflecting the creativity of natural persons and their personalized aesthetic choices, judgments, and arrangements, can AI-generated works be protected under copyright law as works.