Journal of Dali University ›› 2025, Vol. 10 ›› Issue (11): 94-102.

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On the Identification Obligation of AI-Generated Works 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:

AI-generated works should be subject to certain identification and distinction obligations, which has been widely recognized by the intellectual property law community. Currently, the practical reasons for the differentiation rules of AI-generated works are mainly focused on information security risks, impacts on cultural markets, and homogenization of artistic creation. While these reasons reflect the real-world challenges posed by generative AI, they remain overly broad as grounds for differentiation rules and fail to provide a legal rationale consistent with the purpose of copyright law. The primary functions of the distinction obligation under copyright law are to reveal the creative process, correct distortions in incentive mechanisms, and ensure fair transactions. To this end,administrative and civil obligation systems for differentiation should be established in light of the necessity of distinguishing the varying attributes of AI-generated works, and by coordinating administrative requirements with the autonomy of private law, thereby enabling their mutual coordination. This approach will enhance AI governance while refining the establishment of distinction rules in copyright law for the AI era.

Key words:  artificial intelligence-generated works, copyright law, identification obligation, rule construction