ABSTRACT
Since 2021, generative AI has revolutionised content creation, with prompt-based generation at its core. As the driving force behind large language models and diffusion models, prompts serve as essential commands that shape AI-generated outputs. However, this prompt-driven mechanism raises intricate copyright challenges. Key questions include whether prompts themselves qualify for copyright protection and whether prompt-based outputs contribute to widespread copyright infringement and disinformation. While existing scholarship acknowledges these concerns, it has yet to critically assess whether granting copyright protection to prompts is a desirable approach. This article seeks to fill this gap by examining the copyrightability of human-created prompts and evaluating whether copyrighting prompts aligns with two key objectives: maintaining a fair balance of interests within copyright law and ensuring the authenticity of AI-generated content as part of broader AI regulation efforts. By addressing these issues, this study aims to illuminate the pivotal role of prompts in shaping the evolving copyright landscape and regulatory frameworks in the era of generative AI.
Li, Yangzi, Copyrighting Prompts: A Path to Authentic AI or a Legal Overreach? (September 22, 2026).
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