China's regulations on the attribution of AI-generated content: an exploration based on the open-ended approach.

This article focuses on the challenges and legal considerations surrounding copyright ownership of AI-generated content under China’s current copyright law, particularly following the 2020 amendment that introduced an open-ended classification system including a catch-all provision for new types of works. It analyzes judicial cases revealing inconsistencies in courts’ assessments of originality and human intellectual contribution in AI-generated works, highlighting the broad discretion judges currently exercise. The article recommends legislative clarification by establishing a “priority application for traditional work categories” principle, issuing judicial interpretations to define AI’s instrumental role as a creative tool, and advocating for cautious, substantive judicial evaluation to balance innovation with copyright protection. These measures aim to provide clearer legal guidance for intellectual property practitioners and support the sustainable development of China’s AI and creative industries.