Reflection on the Objectivity of Copyright in AIGCOn the Selection of Originality Criteria in the Judgement of Works

With its powerful and intelligent content generation mechanism, the advanced artificial intelligence represented by generative pre-trained transformer (GPT) has led to a continuous increase in the proportion of technology in the production of content products, and a relative decrease in the proportion of direct human input, which pose a challenge to basic theories of traditional copyright laws such as the originality requirement of works and the humanistic principle of rights of works. The theory of creative essence and the concept of closed works based on the intellectual input of natural individuals seem to be inadequate, when faced with the issue of workability of artificial intelligence generated content (AIGC) . From the perspective of process (subjective criterion), the process of generating artificial intelligence content conforms to the thinking characteristics of human creation; from the perspective of results (objective criterion), AIGC has the appearance form and information consumption function of copyrighted works, which are in line with the essential attributes of copyrighted works. If we artificially separate the homogeneous relationship between AIGC and copyrighted works in the production process and substantive function, and forcibly distinguish the legal nature of artificial intelligence generated products and works created by natural individuals, we will go against the institutional purpose of copyright law to adjust the interests of information consumer goods in response to technological development, which will ultimately lead to chaos in the legal order of copyright.