Different countries have adopted varying approaches to addressing the copyright issues surrounding AI-generated content. Since existing copyright laws are based on human creators, the question of ownership for AI-created content remains a legal and ethical debate. Let’s examine how major countries are responding.
United States: Upholding the Principle of Human Creativity
The U.S. Copyright Office (USCO) does not recognize copyright for content generated solely by AI. A notable case is the graphic novel “Zarya of the Dawn,” created using AI in March 2022. The creator, Kris Kashtanova, used the AI program Midjourney to generate images and applied for copyright protection. However, the USCO ruled that “AI-generated content alone is not eligible for copyright protection” and revoked part of the copyright registration. Nevertheless, it acknowledged that aspects involving human creativity, such as storytelling and editing, could be protected.
European Union (EU): Legal Review of AI-Created Works
The EU is currently reviewing the legal status of AI-generated content. While European copyright law maintains that a creator must be human, it also considers cases where AI serves as an auxiliary tool, evaluating the human contribution. In 2023, the European Parliament released a report on AI and copyright, stating that “AI-generated content may be eligible for protection depending on the extent of human intervention.” Future amendments to copyright law regarding AI works are likely to be discussed.
United Kingdom: Reassessing AI Copyright Protection
The UK government is taking a cautious approach to the copyright status of AI-generated content. Under current copyright law, works without human involvement are not recognized for copyright protection. However, the UK Intellectual Property Office (UKIPO) is reevaluating AI-generated content protection. In 2024, the UK government held public hearings to gather opinions from various stakeholders. Given these developments, there is a high possibility of future legislative changes.
China: Expanding Legal Protection for AI-Generated Works
China is expanding its legal interpretation to protect AI-generated content. In December 2023, the Beijing Internet Court ruled in favor of a blogger who used Stable Diffusion to generate an image of a woman, recognizing copyright protection. The court concluded that the blogger’s input of prompts and parameter adjustments constituted intellectual investment, making the work an original creation. This decision reflects China’s proactive stance on AI-generated content protection, likely influenced by policies supporting the AI industry.
South Korea: Developing Legal Standards
South Korea has yet to establish clear legal standards for AI-generated content. The Ministry of Culture, Sports, and Tourism is currently researching copyright issues related to AI-generated works and is considering amending copyright laws. Recently, the AI-generated film “AI Surobuin” was registered as a “compilation work” by the Korea Copyright Commission. This suggests that AI-generated works may be protected if human editing and creative intervention are involved.
Different countries have varying approaches to AI-generated content copyright, but the primary issue remains “human creativity.” As legal frameworks continue to evolve, discussions on AI copyright protection are expected to become more concrete. With the rapid advancement of AI technology, legal standards will likely continue to change, making it essential to monitor global policy trends.
