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In recent years, the strong entry of generative AI has once again impacted the anthropocentrism and originality standard of traditional copyright law. In this paper, the latest judicial practice of AIGC in China is used as an example to analyze the copyright of AIGC, firstly, from the copyright elements of intellectual achievement and originality, secondly, in terms of the attribution of rights, which is conceptualized in terms of a balance of interests. The analysis shows that the content of AI-generated objects meets the constituent elements of works, and should not be treated differently in the determination of works, but since AI does not belong to traditional civil subjects, the attribution of rights should be built along the direction of the rules of the right of property from the mode of private ownership, so as to truly give full play to the value of AI-generated objects, safeguard the rights and interests of the relevant parties, and promote the high-quality development of the AI industry.
Zhezhe Yang (Wed,) studied this question.