Decisions · Policy · European Union

Copyright and artificial creation: does EU copyright law protect AI-assisted output?

P. Bernt Hugenholtz and João Pedro Quintais (Institute for Information Law, University of Amsterdam) · 2021 · Proposal · non-binding

52 IIC 1190 (2021), doi:10.1007/s40319-021-01115-0

Protection of AI output

Can AI-generated work be protected?

Only the human parts

AI-assisted output is protected where it reflects a human's creative choices; current EU law is flexible enough

Why hereOnly the human parts: output qualifies where a human's free and creative choices shape its conception, execution or final redaction.

What it says

Analysing the EU concepts of work, originality, creative freedom and authorship, the authors find current EU copyright rules generally suitable for AI-assisted output. They propose a four-step test: output qualifies where a human's free and creative choices shape its conception, execution or final redaction.

The reference test for AI-assisted works under EU law, based on a study for the European Commission.

Sources

This record

Data as of 2026-10-21.

Drafted with AI assistance and checked against the sources linked above; not yet reviewed by a lawyer. Methodology

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