El derecho de autor en obras generadas con inteligencia artificial: análisis de la jurisprudencia china

Abstract

The expansion of artificial intelligence has posed new challenges for copyright law, particularly regarding the protection of content produced through such systems. This article examines Chinese case law on works generated with artificial intelligence based on six cases concerning images and documents created using technological tools. To address this issue, it develops a theoretical framework on originality and the degree of human intervention required in AI-assisted generation processes. It then analyzes the criteria applied by Chinese courts to grant or deny protection, taking into account the level of the user’s creative participation. Based on the decisions examined, creative conception, iterative control of the process, subsequent editing, and the traceability of the decisions made during the generation of the work are identified as relevant elements. Finally, the article assesses the potential usefulness of these judicial criteria for the interpretation and application of Peruvian copyright law.