AI-Assisted Works: Copyrightability in the United States, China, and the EU, and Implications for Academic Integrity

Abstract

This article explores the legal aspects of the copyrightability of AI-assisted works in the U.S., China, and the EU, within the context of a fundamental principle shared across these jurisdictions: only creations involving meaningful human creative choices are eligible for copyright protection. The article also presents comparative insights from court rulings – including those in China and the U.S. – that reinforce the requirement of human authorship for copyright protection and the legal and ethical implications of using generative artificial intelligence (AI) in academic work, with a focus on academic integrity, authorship, and copyright compliance. It analyzes recent developments in legislation, case law, and internal university regulations in jurisdictions including the European Union, the United States, China, and selected EU Member States. The central thesis is that AI-generated content cannot be regarded as an outcome of independent scholarly work if it replaces the creative process – particularly the development of a research concept and first draft. While AI tools offer efficiency and support in technical tasks such as grammar correction or literature searches, their unauthorized or undisclosed use in substantive academic writing constitutes a breach of academic ethics and may lead to the invalidation of academic degrees. Moreover, it emphasizes the growing need for universities to adopt AI detection policies that respect the presumption of innocence and align with data protection law. Ultimately, the article argues for preserving academic authorship as an intellectual process that cannot be outsourced to machines – lest scientific credibility itself be undermined.