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With the strong rise of generative AI represented by ChatGPT, the issue of copyrightability of AI-generated content has become the focus of controversy in both theoretical and practical circles. The pivotal aspect in determining the legal status of AI-generated content lies in establishing a standard for originality. The current discourse within the theoretical community regarding the copyrightability of such content often revolves around the contrasting viewpoints of the "Dialectics of Negation" and the "Dialectics of Affirmation." By refining the criteria for assessing the originality of AI-generated content and evaluating their attributes through objective measures like "independent creation" and "modicum of creativity", demarcating the boundaries of creative expression, streamlining the creative process, and driving forward the expansion of the artificial intelligence industry. This endeavor is essential for enhancing legal clarity, fostering innovation, and navigating the dynamic landscape where technology and creativity intersect.
Han et al. (Thu,) studied this question.
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