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Can Machines Create?

Chinese law agrees that works created by AI have no copyright protection.

By Zhang Qingchen Updated Apr.27

The rapid development of artificial intelligence (AI) has widely affected many fields, and AI is beginning to be used to produce some 'creative' materials. According to Nanfang Metropolis Daily, some countries have begun to study whether copyright could meaningfully be assigned to AI in such cases, though none have yet done so.  However, three Chinese law experts argued this idea, saying that copyright should be orientated around people.

Fei Anling, a law professor at University of Political Science and Law, said laws are used to tackle problems among people, and an AI, as a machine, would not compete with people for profits, even if it created original works. In terms of technology, AI is just one of the techniques invented and innovated by humanity. Fei stressed that laws should be orientated around people and innovation, not machines.   
 
The approach to copyright protection of AI produced material should be rational, noted Beijing’s judge, Xie Zhenke, adding that the intellectual property protection is based on the expression of ideas in accordance with China’s Copyright Law, meaning that laws would not protect something that is not created by someone with subjective consciousness. Largely AI is counted as an instrument, not a creator, Wang Lei, a senior law consultant in news portal sina.com, said.
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