Asia is at the forefront of AI copyright regulation, with diverse legal frameworks tailored to foster innovation while safeguarding intellectual property. Singapore’s 2021 Copyright Act and China’s 2023 landmark rulings highlight progressive approaches to AI-generated content. Key challenges include defining authorship, using copyrighted data for AI training, and balancing creator rights with AI development. Asia’s leadership is shaping global standards, offering valuable insights for navigating copyright in the AI era.
How Asia's diverse legal landscapes are addressing the challenges of AI-generated creativity and copyright protection
Artificial intelligence (AI) is revolutionising the way content is created, consumed, and protected. From generating music to writing articles and producing digital art, AI has become a key player in industries reliant on creativity and intellectual property. As this technology advances, it brings with it significant questions about copyright—particularly in Asia, where diverse legal frameworks, cultural practices, and technological innovation intersect. For a broader look at regional AI trends, see our article on APAC AI in 2026: 4 Trends You Need To Know.
In this article, we’ll explore how Asia is addressing copyright in the AI era, examining the legal landscapes of key nations, highlighting challenges, and forecasting the region’s influence on global standards.
The Intersection of AI and Copyright
AI’s ability to produce content has sparked a debate: Can works created by machines truly be copyrighted? If so, who owns the rights? Traditional notions of authorship hinge on human creativity, but AI blur those lines by operating as both a tool and an independent creator.
This has led to critical questions about copyrightability, the use of copyrighted works for training AI, and the responsibilities of human oversight. The answers are far from uniform, especially in Asia, where the legal and cultural contexts vary widely.
Current Legal Landscapes in Asia
Singapore: Leading the Way
Singapore has emerged as a leader in adapting its copyright laws for AI. The 2021 Singapore Copyright Act introduced a defence for copyright infringement related to machine learning, making it the first Southeast Asian country to do so. This amendment allows businesses to conduct computational analysis using copyrighted material, fostering an AI-friendly environment while maintaining safeguards against misuse. By providing a safe harbour for companies engaging in AI development, Singapore aims to attract global investments in the sector. However, purely AI-generated works remain unprotected, as human authorship is still a requirement for copyright protection. This proactive stance is part of a larger trend of Singapore and Microsoft teaming up for AI growth.
China: Landmark Rulings
China has taken bold steps to address AI and copyright. In November 2023, the Beijing Internet Court ruled in favour of granting copyright protection to an AI-generated image, provided there was substantial human involvement in its creation. The court emphasised the importance of "intellectual inputs" and "personal expressions," recognising that the prompts and aesthetic judgments of a human user are key to establishing originality. While this case-by-case approach reflects caution, it also sets a precedent for recognising AI-generated works under certain conditions. This is particularly relevant as Free Chinese AI claims to beat GPT-5.
Japan: A Balancing Act
Japan has adopted a permissive stance regarding the use of copyrighted materials for AI. The revised Copyright Act of 2019 allows for the ingestion of copyrighted works in AI training without requiring permission, provided it serves technological development. This flexibility has spurred AI innovation, but it has also raised concerns among content creators. Recent discussions suggest Japan may impose stricter protections for copyright holders while maintaining its innovation-friendly policies.
South Korea: Prioritising Human Creativity
South Korea has taken a cautious approach, requiring evidence of human thought and emotion to grant copyright for AI-generated works. This policy underscores the importance of preserving human creativity while navigating the ethical and legal implications of AI. This aligns with broader efforts in the region, including South Korea ramping into AI supremacy.
India: Co-Authorship Approach
India is unique in its recognition of co-authorship for AI-generated works. Rather than introducing new laws, the country relies on its existing intellectual property framework, which it considers sufficient to address these challenges. This pragmatic approach allows for flexibility while protecting human contributions. This is alongside India's broader efforts to develop new AI Ethics Boards.
Other Asian Nations
Taiwan: Requires consent or licensing for using copyrighted materials in AI training, considering such activities as "reproduction" under copyright law. Hong Kong: Exploring exceptions to copyright infringement for AI training, similar to Singapore and Japan. Philippines: The Intellectual Property Office of the Philippines (IPOPHL)^ is working on drafting guidelines for AI-generated artwork, currently, copyrightable works in the Philippines require a "natural person" as the creator. Indonesia: Indonesian Copyright Law is currently silent on the protection of AI-generated works, making the country's position uncertain. Yet the Directorate General of Intellectual Property (DGIP) in Indonesia has clarified that copyrightable works require a "human touch," which purely AI-generated works cannot meet. Vietnam: The current Intellectual Property Law in Vietnam does not specifically address AI-generated content that infringes on IP rights. Only human individuals or organisations can hold copyright under Vietnamese law; entities like computers, robots, and AI are not considered copyright holders. ASEAN Initiatives: In March 2024, ASEAN released a non-binding Guide to AI Governance and Ethics, encouraging member states to harmonise approaches to AI regulation and intellectual property.
Key Challenges
Copyrightability of AI-Generated Works
The question of whether AI-generated works qualify for copyright protection is at the heart of the debate. Countries like China and Singapore require significant human involvement, while Japan allows for more permissive use in technological development. This divergence highlights the challenge of creating unified standards in a fragmented regulatory environment.
Training
Latest Comments (4)
This article is spot on. It's a real puzzle, this IP stuff with AI, especially with all the diverse legal frameworks across Asia. Good to see the overview.
This is super timely, especially with our own debates heating up in India. Good to see how other Asian nations are handling this novel intellectual property conundrum.
Interesting read. But "innovative laws" for AI copyright? I wonder if some countries are just playing catch-up, or if it's truly groundbreaking stuff.
Fascinating article, Adrian! It makes me wonder about the practical enforcement of these "innovative laws" you mention, especially for smaller content creators. Here in Malaysia, we're keenly watching how jurisdictions like Japan are handling AI-generated works. Is there a worry that some countries' approaches might inadvertently stifle local innovation, even with the best intentions?
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