With the vigorous development of artificial intelligence technology in our country, AI-generated works have brought tremendous convenience to our daily work. However, while developing and using AI-generated works, disputes have arisen in the academic and judicial fields regarding whether AI-generated works have copyright and how to legally protect them. Currently, the legal issues related to AI-generated works in our country mainly include the recognition of the work attributes of AI-generated works and the attribution of copyright ownership. In response, the author first analyzes the current status of disputes over the attributes of AI-generated works, then delves into the difficulties in recognizing the work attributes and copyright ownership of AI-generated works, and finally proposes three suggestions for the legal protection of AI-generated works: first, to improve legislation and clearly include AI-generated works within the scope of legal protection; second, to clarify the creativity standards for AI-generated works as soon as possible, determining the creativity of AI-generated works from the perspective of external expression of intellectual achievements; and third, to clarify the copyright ownership of AI-generated works, legally protecting the legitimate rights and interests of the users of AI creation systems.
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Jialing Shen (2024) studied this question.
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