Author(s): Vo Hoang Thong

Abstract: The rapid development of artificial intelligence (AI) since 2020 has posed significant challenges to traditional copyright law, which is grounded in the principle of the “human creative imprint.” In a context where AI can autonomously generate content, major legal systems such as the European Union (EU) and the United States continue to maintain the position that copyright protection applies only to works created by human authors. The EU requires a work to reflect an “individual intellectual contribution,” and has issued the CDSM Directive and the AI Act to regulate the use of data for AI training, establishing transparency and accountability standards for model providers. The United States likewise upholds the “human authorship” requirement, as seen in U.S. Copyright Office practice and case law, while applying the fair use doctrine to evaluate the use of copyrighted data for AI training. In Vietnam, commitments under the CPTPP and EVFTA have driven intellectual property law reforms, including accession to the WCT and the 2022 amendments to the Intellectual Property Law to strengthen digital copyright protection. However, Vietnam has yet to adopt specific regulations regarding AI-generated works, though the forthcoming AI Law is expected to require copyright compliance from the model-design stage. Accordingly, Vietnam should clearly define the role of human creativity in the AI environment, develop mechanisms for managing training data, and balance copyright protection with innovation incentives, drawing on lessons from the EU and the United States.

DOI: 10.22271/27899497.2025.v5.i2b.159

Pages: 152-155 | Views: 151 | Downloads: 118

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