Copyright infringement in content generated by AI: an empirical analysis based on typical cases of China and the United States

Abstract The copyright system is supposed to make an institutional response to the continuous and profound development of artificial intelligence technology. Through factor analysis, the impact of AI-generated content on the copyright system is studied. With the theme of “Copyright Infringement in Artificial Intelligence Generated Content”, this paper conducts a typical case study on the protection of intellectual property rights in China and the United States respectively. Through the empirical analysis method of questionnaire data about the impact of AI creations on the intellectual property system, a total of seven key factors have been identified, and the impact of AI-generated content on the copyright system is concentrated in the judgment of copyrightability, the judgment of originality, the attribution of rights, and the mechanisms for dispute resolution. An in-depth examination of representative cases from both jurisdictions reveals that, while the legal elements of infringement are largely comparable, the judgments diverge due to differences in the underlying interests and considerations that inform judicial decision-making.