In an article published in the “Journal of Comparative Law” 3rd Issue, 2024, Bi Wenxuan argues that for content generated by the “Text-to-Image Generation” model of artificial intelligence (AI) at the current stage, neither the generative AI itself, its designers, nor its users should be recognized as authors. The approach of copyright law to protect photographic works but not AI-generated content is not a “double standard,” nor does it compromise the existing copyright framework. The fundamental difference lies in whether the intellectual activities of the creator directly influence and lead to the production of the work. Since users cannot exert control over the content generated by AI, they are not entitled to copyright protection.
Regarding the protection of such content, it is generally considered to fall within the public domain as a public product. However, in specific commercial competitive contexts, users may resort to unfair competition law to regulate actions that disrupt the market’s fair competitive order, particularly when unauthorized use of AI-generated content is involved.