Copyright Protection towards Generative AI Artworks: The “Clash” between US v. China and the Implications for the European Union
(2024) JAEM03 20241Department of Law
Faculty of Law
- Abstract
- While AI is evolving at an unprecedented pace, the legal frameworks of countries around the world still struggle to find the appropriate answer to uniformly deal with AI-related issues. This master thesis would like to discuss one of the legal perspectives that AI technology has drawn attention to recently - its relationship with copyright law.
The main point of the thesis is to answer whether images created by generative AI would be eligible to earn the protection of EU copyright law. Since there is no official legal answer to the point concerned within the Union; the thesis would like to assess other jurisdictions to suggest the potential answer to this discussion. Throughout the assessment, it shows that there are two lines of... (More) - While AI is evolving at an unprecedented pace, the legal frameworks of countries around the world still struggle to find the appropriate answer to uniformly deal with AI-related issues. This master thesis would like to discuss one of the legal perspectives that AI technology has drawn attention to recently - its relationship with copyright law.
The main point of the thesis is to answer whether images created by generative AI would be eligible to earn the protection of EU copyright law. Since there is no official legal answer to the point concerned within the Union; the thesis would like to assess other jurisdictions to suggest the potential answer to this discussion. Throughout the assessment, it shows that there are two lines of argument, which are the "classic" path as shown in the United States, and the "innovative" argumentation proposed in China, through their respective caselaw. The Member States of the EU have also taken some notable steps when it comes to copyright protection, however, this legal discussion has not been settled, with a mutual solution at the moment.
In conclusion, this thesis would like to propose that, in the case where a novel technology, like AI, brings out unprecedented legal discussions that are linked to this concept, with non-traditional impacts, it requires a non-traditional approach to properly deal with such matters. This would also be applied in the discussion in respect of AI-generated artworks, and the copyright law, where the protection for such works shall be answered as affirmative. Going further than that, there shall be international cooperation to have a general mechanism to deal with existing deficiencies in the current copyright law framework, which is a long way to go. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9156575
- author
- Le, Tan Phuoc Vinh LU
- supervisor
- organization
- course
- JAEM03 20241
- year
- 2024
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- generative AI, copyright law, EU, United States, China
- language
- English
- id
- 9156575
- date added to LUP
- 2024-06-25 12:21:15
- date last changed
- 2024-06-25 12:21:15
@misc{9156575,
abstract = {{While AI is evolving at an unprecedented pace, the legal frameworks of countries around the world still struggle to find the appropriate answer to uniformly deal with AI-related issues. This master thesis would like to discuss one of the legal perspectives that AI technology has drawn attention to recently - its relationship with copyright law.
The main point of the thesis is to answer whether images created by generative AI would be eligible to earn the protection of EU copyright law. Since there is no official legal answer to the point concerned within the Union; the thesis would like to assess other jurisdictions to suggest the potential answer to this discussion. Throughout the assessment, it shows that there are two lines of argument, which are the "classic" path as shown in the United States, and the "innovative" argumentation proposed in China, through their respective caselaw. The Member States of the EU have also taken some notable steps when it comes to copyright protection, however, this legal discussion has not been settled, with a mutual solution at the moment.
In conclusion, this thesis would like to propose that, in the case where a novel technology, like AI, brings out unprecedented legal discussions that are linked to this concept, with non-traditional impacts, it requires a non-traditional approach to properly deal with such matters. This would also be applied in the discussion in respect of AI-generated artworks, and the copyright law, where the protection for such works shall be answered as affirmative. Going further than that, there shall be international cooperation to have a general mechanism to deal with existing deficiencies in the current copyright law framework, which is a long way to go.}},
author = {{Le, Tan Phuoc Vinh}},
language = {{eng}},
note = {{Student Paper}},
title = {{Copyright Protection towards Generative AI Artworks: The “Clash” between US v. China and the Implications for the European Union}},
year = {{2024}},
}