The copyright protection of AI-generated content in video games
Abstract The increasing use of artificial intelligence in video game development, particularly through advanced procedural content generation, challenges traditional copyright frameworks. While AI-generated content is now integral to enhancing efficiency and player experience, its copyright status remains disputed, especially regarding the copyrightability threshold and ownership allocation. Existing discussions have largely focused on general works such as music, text, and images, with comparatively little attention to the complex, integrated nature of video game works. This article examines AI-generated content in video games from a comparative law perspective, focusing on four jurisdictions: the United States, China, the United Kingdom, and the European Union. It argues that, despite reduced human input, AI-generated content in video games involves human intellectual contributions at multiple stages, meeting prevailing copyrightability requirements. For ownership a
Abstract The increasing use of artificial intelligence in video game development, particularly through advanced procedural content generation, challenges traditional copyright frameworks. While AI-generated content is now integral to enhancing efficiency and player experience, its copyright status remains disputed, especially regarding the copyrightability threshold and ownership allocation. Existing discussions have largely focused on general works such as music, text, and images, with comparatively little attention to the complex, integrated nature of video game works. This article examines AI-generated content in video games from a comparative law perspective, focusing on four jurisdictions: the United States, China, the United Kingdom, and the European Union. It argues that, despite reduced human input, AI-generated content in video games involves human intellectual contributions at multiple stages, meeting prevailing copyrightability requirements. For ownership allocation, this article proposes a dual-structure model: creations led by video game companies fall under regimes that recognise the video game company as the author; creations led by individuals are considered as the work of AI users. This framework reconciles legal consistency with practical applicability, offering approaches of copyright allocation of AI-generated content in video game creation.
Executive Summary
The article examines the copyright protection of AI-generated content in video games, focusing on four jurisdictions. It argues that AI-generated content meets copyrightability requirements due to human intellectual contributions and proposes a dual-structure model for ownership allocation. This model recognizes video game companies as authors for company-led creations and AI users as authors for individual-led creations, reconciling legal consistency with practical applicability.
Key Points
- ▸ AI-generated content in video games challenges traditional copyright frameworks
- ▸ Human intellectual contributions at multiple stages meet prevailing copyrightability requirements
- ▸ A dual-structure model is proposed for ownership allocation, distinguishing between company-led and individual-led creations
Merits
Comprehensive analysis
The article provides a thorough examination of AI-generated content in video games from a comparative law perspective, covering four jurisdictions.
Practical applicability
The proposed dual-structure model offers a workable solution for ownership allocation, balancing legal consistency with practical considerations.
Demerits
Limited scope
The article focuses primarily on video games, leaving unanswered questions about the applicability of the proposed model to other industries and creative fields.
Unclear boundaries
The distinction between company-led and individual-led creations may be blurry in practice, potentially leading to disputes and uncertainties.
Expert Commentary
The article provides a timely and thoughtful analysis of the copyright protection of AI-generated content in video games. The proposed dual-structure model offers a nuanced approach to ownership allocation, acknowledging the complexities of human-AI collaboration. However, the model's effectiveness will depend on its ability to adapt to evolving industry practices and technological advancements. Further research is needed to explore the applicability of this model to other creative fields and industries.
Recommendations
- ✓ Jurisdictions should consider adopting flexible and adaptable copyright frameworks to accommodate the growing use of AI in content creation.
- ✓ Video game companies and AI developers should prioritize transparency and clarity in their contracts and agreements, ensuring that ownership allocation is clearly defined and understood by all parties involved.