Abstract: The rapid development of generative artificial intelligence technology has put forward the urgent requirement for clarifying artificial intelligence governance countermeasures, including copyright rules. The different focuses of copyright disputes related to generative artificial intelligence between China and the US reflect the different development statuses of the copyright or content industry. Copyright law and technological development are mutually facilitating and adapting, and the root cause of these disputes is the benefit game between the traditional copyright content industry and the new artificial intelligence technology industry. To guide the healthy development of the new industrial model of the integration of science and technology and culture, the fair use rule for Text Data Mining should be established under copyright law, and the rules of protecting derivative works under copyright law and the protection of data property under the Anti-Unfair Competition Law should be applied according to different types of artificial intelligence generated content. 

Key Words: generative artificial intelligence; copyright disputes; fair use; copyrightability; industrial benefit game

Author: GUAN Yuying, research fellow, CASS Institute of Law; director, CASS Center for Intellectual Property Studies;

Source: 1 (2025) Journal of Beijing University of Technology (Social Sciences Edition).