Research on the Criminal Regulation of Copyright Infringement Crimes Involving Generative Artificial Intelligence
Year: 2026
Type: article
Abstract: The era of generative artificial intelligence has brought numerous challenges to the criminal regulation of copyright infringement crimes. To address these core controversies, a "forward-looking yet limited" criminal regulation system should be constructed. At the prepositive law level, it is necessary to limitedly recognize the work attribute of the generated content, the fact of artificial intelligence creation, and clearly deny the legal subject qualification of artificial intelligence, laying the foundation for criminal liability imputation. A "staged and typed imputation model" should be established: in the research and development stage, the principle of technological neutrality should be applied in principle, and only acts of intentionally manufacturing infringing tools should be held accountable as exceptions; in the use stage, the focus should be on regulating users with subjective malicious intent who meet the crime quantity standards. It is emphasized that for criminalization, the act must not only comply with the constitutive elements of criminal law but also cause substantial infringement of legal interests, and strictly adhere to the standards of amount and circumstances, thereby achieving a prudent balance between protecting legal interests and encouraging innovation.
Author: Xiaonan Ren
Institution: East China University of Political Science and Law
Subfield: Artificial Intelligence
Field: Computer Science
Domain: Physical Sciences
Open Access status: hybrid
OpenAlex ID: W7122624128
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