A work can be considered creative in a copyright sense when the factors that indicate the creator’s personal selections, judgment and skills are present. In the case of works generated by machine learning software, this requirement can be fulfilled to the extent that humans are involved in the selection of factors such as the format of the data that is fed into the algorithm and the rules that the software must follow.
In addition, there has to be a direct connection between the creative choices and the specific expression of the work. In the case of works generated with the aid of machine learning software, this means determining whether the creative choices made by humans – such as the input data, trigger rules, templates, and training of the algorithm – are reflected in the final product.
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Translated by Xiaoshuai REN.
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Regulations for the Implementation of the Copyright Law of the People’s Republic of China, Arts. 2, 3. “Tencent Dreamwriter”. IIC 51, 652–659 (2020). https://doi.org/10.1007/s40319-020-00944-9
- Protection of works generated by machine learning software
- Copyright and AI
- Notion of work
- Creation and creativity
- Intellectual creation with originality
- Personality of the creator