Journal of Dali University ›› 2025, Vol. 10 ›› Issue (11): 103-112.

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Aesthetic Judgment of AI-Generated Content: With a Discussion on the Application of Aesthetic Value in Copyright Law

  

  1. Civil, Commercial and Economic Law School, China University of Political Science and Law, Beijing 100088, China
  • Online:2025-11-15 Published:2025-12-05

Abstract:

Aesthetic value is embedded in the copyright system: it lies in the focus on authors and their creative processes, in the
requirement for the basic aesthetic functions of works, and in the distinction between different types of works. AI-generated content should have aesthetic values derived from humankind to qualify as a work. That can be confirmed under criteria of aesthetic judgment consistent with human works, with the consideration of the types of expression and diverse aesthetic theory. From the perspective of aesthetic judgment, the copyright of AI-generated works should be attributed to users in principle. A shorter term of copyright protection is suggested. In copyright infringement cases related to AI-generated works, the overprotection of ideas should be avoided and the judgment of artistic value should not directly impact the amount of compensation.

Key words: AI-generated content, aesthetic value, work eligibility