Rise of AI-generated content (AIGC) in gaming and its legal challenges

Abstract

The application of AI-generated content (AIGC) is changing the entire gaming industry. AIGC has expanded the application of AI from the elements that constitute the game to the design and production of the game itself. To protect the original creators in gaming industry, the regulation of AIGC is more important than ever. This article discusses the copyrightability of games to determine the scope of regulation of AIGC and proposes a regulatory plan. After analysis, the focus of copyright infringement review and protection of AIGC should be on the output stage. After analysis, the focus of copyright infringement review and protection for AIGC should be on the output stage. When determining infringement, the Abstraction-Filtration-Comparison Test should first be applied to abstract out components that are not protected by copyright law, such as those in the public domain and those influenced by external circumstances. This filtered result should then be compared with the allegedly infringing program for substantial similarity. This identification method allows developers to benefit from the improvements in game quality and player experience brought about by AIGC technology, while maximizing the protection of the legitimate rights and interests of original creators. Thereby promoting the development of the gaming industry.