Abstract

Works created with the use of artificial intelligence (AI) are transforming traditional modes of creativity and challenging existing legal concepts such as authorship, originality, and the relationship between human creativity and algorithmically generated outputs. For the first time, the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (Law No. 131/2025/QH15) and Decree No. 134/2026/ ND-CP dated 6 April 2026, amending and supplementing a number of articles of Decree No. 17/2023/ND-CP dated 26 April 2023, have established a relatively specific framework for determining copyright and related rights in products created through the use of artificial intelligence. This article analyzes the new provisions of these legal instruments, focusing on the requirement of substantial and decisive human contribution, the principle that products generated entirely by an AI system are not eligible for protection, the mechanism for determining authorship, the obligation to demonstrate the creative process, and issues concerning the use of input data for AI systems. Drawing on and comparing the approaches of the United States and the European Union, the article identifies potential issues that may arise in practice and proposes several directions for improving the transparency and effectiveness of copyright enforcement in the digital environment.

Keywords: AI; AI-assisted works; artificial intelligence; authorship; copyright; intellectual property.