Copyright of AI works:

As artificial intelligence (AI) can write music, paint pictures, compose poems..., the line between human creativity and technology becomes more fragile than ever.

The question “Who is the real author of an AI work?” is becoming one of the most notable legal issues today. In the context of the Law on Intellectual Property (amended) and the Law on Artificial Intelligence being built, Vietnam is facing the requirement to clearly define the copyright protection mechanism, so that technology can develop but still protect the value of human creativity.

People visit and experience AI technology products at the National Achievement Exhibition "80 Years of Journey of Independence - Freedom - Happiness".

When the work is not only created by humans

The emergence of music, paintings, videos and articles created entirely by AI is changing the concept of “creative work”. According to a report by the International Music Summit, more than 60 million people used AI tools to create music in 2024.

This explosion has raised a series of questions in the legal community: Who is the author of these works? Are they protected by copyright? And who is responsible if there is an infringement? These questions are even more urgent as AI music , painting, and literature become more and more popular in Vietnam.

Vietnam does not have specific regulations for works created by AI. Current law only protects “direct human intellectual creations”. The draft Law on Intellectual Property (amended) adds a group of subjects not covered by protection, which is “products that are not the result of direct human intellectual creative activities”. Thus, products created by AI will not be protected by copyright or related rights.

Deputy Director of the Copyright Department (Ministry of Culture, Sports and Tourism) Pham Thi Kim Oanh emphasized: "This regulation aims to clearly affirm that only products with human creative imprints are considered works and protected by copyright." This is a core principle in the entire intellectual property law system, because the purpose of copyright protection is to encourage human creative activities, through granting exclusive rights to exploit and profit from creative results.

Associate Professor Dr. Vu Thi Hai Yen (Hanoi Law University) commented: “If copyright protection is provided for works created by AI, the goal of encouraging creativity of copyright law becomes meaningless.” Putting AI on par with humans in the role of author could lead to the opposite consequence: Artists depend on technology, thereby lowering the value of true creativity.

In the world, the legislative trend is also moving in this direction. US copyright law has long affirmed that it only protects “creations of human agents”, excluding “non-human agents” from the scope of authorship. The US Copyright Office requires that all registered works must demonstrate human creative elements and refuses to grant copyright to products “operated automatically by machines, without human creative intervention”.

Humans are the creators, AI is the supporting tool

However, not protecting AI-generated works does not necessarily mean excluding all products with AI elements. This raises a new requirement: Determining the level of human creativity in AI products. Many countries have set specific criteria. Japan evaluates based on the level of user guidance, editing, and choice in the creation process. The European Union requires “a significant amount of human creativity.” The UK and New Zealand even have separate regulations for “computer-generated works,” but still stipulate that the person who “sets up the conditions for the computer to create the work” is the subject of copyright.

In Vietnam, experts believe that the process of amending the Intellectual Property Law and developing the Artificial Intelligence Law is an opportunity to clarify this issue. National Assembly delegate To Ai Vang (Can Tho Delegation) proposed adding specific policies on AI in the Intellectual Property Law to "determine who is the owner, the legal status of AI in creative activities, as well as responsibility when copyright infringement occurs".

Minister of Science and Technology Nguyen Manh Hung said that the Law on Artificial Intelligence being developed is not only a legal framework but also a “national vision statement”; in which people are placed at the center and a risk-based management approach is taken. One of the important principles is transparency and accountability, requiring AI-generated products to be clearly labeled for users to recognize and to determine responsibility in the event of copyright disputes.

The draft Law on Artificial Intelligence, drafted by the Ministry of Science and Technology, stipulates the obligation to label content (text, images, audio, video) created or significantly edited by AI. This provision aims to clarify the origin of creativity, avoid AI products being misunderstood as human works, and protect the legitimate rights of real authors.

According to legal experts, this is a reasonable approach, helping to establish the boundary between human and machine creativity, ensuring respect for human intelligence without hindering the development of technology. Vietnam needs to maintain a flexible legal system, ready to adapt to technological advances but still maintain the principle: Only humans are the creative subjects, and AI is a supporting tool.

In the digital age, as AI becomes increasingly intelligent, copyright protection becomes more urgent. Laws must not only keep up with technology, but also protect human intelligence, labor and creativity - the irreplaceable foundation of all progress.

Source: https://hanoimoi.vn/ban-quyen-tac-pham-ai-bai-toan-phap-ly-moi-trong-ky-nguyen-so-723083.html