The development of AI has made editing, rewriting, and restructuring content from existing works easier than ever. Simply inputting the original text into the tool, AI can “transform” it into a new version with different wording, layout, and even added content. This leads many to question: If AI edits an original work, does it still constitute copyright infringement? This article from VCD will help you answer that question.
What constitutes an AI-edited work?
An AI-edited work is new content created based on an existing work, with the assistance of AI tools. This “editing” can take many forms, such as:
- Rewriting the entire content using different wording
- Summarizing and then restating it
- Changing the structure and rearranging the ideas
- Translating into another language and then editing it
- Adapting or modifying the original content
In terms of form, the content after AI processing may differ significantly from the original. However, in essence, if it is still based on the creative material, information, structure, and specific ideas of the original work, then it is not a completely independent work.
Clause 8, Article 4 of the 2022 Intellectual Property Law stipulates: “A derivative work is a work created on the basis of one or more existing works through forms such as translation, adaptation, modification, transformation, selection, annotation, or compilation.”
What AI typically does, such as rewriting, adapting, translating, summarizing, and developing, all coincide with the forms of creating derivative works as defined by law. Therefore, products modified by AI from original works are very easily considered derivative works.
Is it a violation of copyright if a work is modified by AI?
The answer depends on whether the new content is based on the original work, not on whether you used AI for the modifications.
Point a, Clause 1, Article 20 of the 2022 Intellectual Property Law stipulates:
“Property rights include:
a) Creating derivative works;”
This means that any content created based on an existing work, whether rewritten, adapted, or restructured using AI, can be considered a derivative work and requires the permission of the copyright owner. In other words, the law doesn’t care what tools you use to edit, but whether you are exploiting someone else’s creative material.
A very common misconception today is that if AI rewrites 60-70% of the text differently, it can be used safely. However, the law does not assess infringement based on the percentage of word changes. When considering a violation, the competent authority will base its decision on factors such as:
- Does the core content remain the same as the original work?
- Does the development of ideas follow the structure of the original work?
- Is there significant similarity in layout and information system?
- Can readers recognize the connection between the two contents?
If the creative imprint of the original work is still recognizable, then the AI-edited content may still be considered copyright infringement.
Article 28 of the 2022 Intellectual Property Law clearly stipulates that creating derivative works without the permission of the copyright owner constitutes copyright infringement. Therefore, using AI to rewrite books, articles, stories, or documents of others and then posting them on social media or exploiting them for commercial purposes without permission can still be considered a violation under the law.
In what cases does AI editing not violate copyright?
Not all cases of AI editing violate copyright. You can legally use AI if it falls under one of the following cases:
- The original work’s protection period has expired: According to the law, property rights are protected for the author’s lifetime and 50 years after the author’s death. After this period, you can adapt or modify the work without permission (but you must still credit the author and not distort the content).
- Permission from the copyright owner: If you have a contract or written agreement allowing the use, modification, or adaptation, you can legally use AI.
- Only referencing general ideas: Ideas are not protected by copyright. If AI only assists you in developing completely new content, not based on the specific content structure of any work, then it does not violate copyright.
The above is an article titled “ Is it a violation of copyright if a work is modified by AI?“. Hopefully, the above analysis has helped you understand that AI is only a tool to support creativity, not a “shield” to avoid legal responsibility when using other people’s content. If the new content is still based on the creative material of the original work, you still have to obtain permission from the copyright owner according to regulations.
Sincerely,
Not necessarily. 1. If AI-generated content is still based on the core, structure, information, or creative hallmarks of the original work, it may legally be considered a derivative work, not a completely independent work.
Because the law doesn’t care what tool you use (AI or human), but whether you are exploiting someone else’s work. If the new content is created by modifying the original work without permission, it can still be considered copyright infringement.