How much human contribution is needed for “ownership” of AI-generated content: A comparison of copyright determination for generative AI in China and the United States

Abstract

The development of generative AI has significantly impacted the copyright field, particularly in determining the copyright status of AI-generated content. This paper compares China and the United States (U.S.) by analyzing key cases relevant to this issue. In these cases, Chinese courts affirmed copyright ownership for AI users, whereas the U.S. Copyright Office declined to register such claims. The core divergence between the two countries lies in how they assess the degree of human contribution in the AI generation process. This difference stems from their distinct understandings of the role of AI and ultimately shapes the resulting outcomes. These differences may arise from varying AI-industry needs and legal traditions, influencing human creativity, the growth of the AI industry, and the balance of international copyright. From a comparative-law perspective, this study introduces and develops a human-AI collaborative authorship model to help bridge the doctrinal divide exemplified by China and the United States. This approach aims to explore new pathways in both scholarship and practice, thereby contributing to the establishment of a unified international copyright convention.