Thresholds for authorship and originality in AI-generated and AI-assisted works: a comparative study of Chinese and EU copyright case law

The rise of AI-generated and AI-assisted works challenges the traditional legal understanding of authorship and originality. While China and the European Union have both addressed the issue, their approaches reveal fundamental differences in doctrine and policy. Each system defines and applies the concepts of authorship and originality in its own way, setting the thresholds that determine how AI-generated and AI-assisted works are treated. Through a comparative analysis of statutory provisions, case law, and doctrinal commentary, the paper highlights China’s tendency to attribute authorship to the human user where creative contribution is proven, contrasted with the EU’s stronger adherence to the natural-person authorship model. By comparing these models, the research identifies potential pathways for reform that could provide legal certainty while preserving the integrity of copyright principles.