Generative artificial intelligence undergoes statutory copyright licensing of pre-existing data and the training of models to input commands, execute algorithms, and output content. The constant involvement of human intelligence and the creative model of human-computer collaboration determine that artificial intelligence cannot be the subject of copyright. This gives rise to three categories of subjects: Artificial intelligence users, developers and investors. Artificial intelligence always involves human intelligence in the content creation process, and artificial intelligence-generated content has an original contribution as well as a minimum level of creativity from users, formally constituting works under the copyright law. The rules of copyright attribution for artificial intelligence-generated works should be prioritized according to the contractual agreement, If there is no contractual agreement, the copyright protection mode of the copyright law should only extended to AI users. The object of copyright protection should be limited to the artificial intelligence-generated works themselves, and the strength of copyright protection should be in line with the user's originality of the contribution to the work.
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Zihao Fang (2024) studied this question.
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