Generative artificial intelligence poses systematic challenges to the traditional human-centrism-based intellectual property system in two dimensions: the fair use of training data and the copyrightability of generated content. It exposes the deep ethical tension between technological innovation and the protection of creators' rights and interests. Adopting a functionalist comparative law approach, this paper systematically analyzes the differentiated regulatory paths regarding the use of AI training data and the copyrightability of generated content in the United States, the United Kingdom, Japan and China. Combined with utilitarian incentive theory and personality right ethics, it explores the ethical limitations of paradigms such as the Absolute Control Doctrine and the Substantial Contribution Doctrine in terms of transparency, fairness and liability attribution. By establishing the theoretical benchmark of "creativity ecosystem integrity", this paper constructs a hierarchical consent mechanism, an ethical review system for copyrightability, as well as an ethical insurance and risk-sharing mechanism. It aims to achieve a dynamic balance between ensuring fair participation of human creators in value distribution and promoting technological innovation, and form a normative framework for global artificial intelligence intellectual property governance.
Research Article
Open Access