Reframing EU, US, and China’s perspectives on AI copyright through actor–network theory and the base–superstructure framework
摘要
Zhuk’s comparative analysis of artificial intelligence (AI) copyright across the European Union (EU), the United States (US), and China provides a valuable doctrinal mapping of how contemporary legal systems address AI-generated and AI-assisted works. While Zhuk convincingly demonstrates that copyright protection across jurisdictions hinges on significant human contribution, prevailing debates remain anchored in individualistic assumptions of authorship and ownership that inadequately reflect the distributed and economically structured nature of AI-mediated creativity. This correspondence advances a complementary theoretical intervention by reframing AI copyright through Actor–Network Theory (ANT) and political economy, with particular attention to the Marxist base–superstructure relationship. Rather than asking whether AI can be an author, this correspondence reconceptualizes creativity as an outcome of heterogeneous networks involving human actors, algorithmic systems, datasets, platforms, legal institutions, and market forces. Drawing on comparative insights from the EU, US, and China, this correspondence argues that while legal frameworks implicitly recognize distributed agency, they continue to allocate rights and value through ownership models shaped by underlying economic interests. Integrating political economy reveals how copyright law operates as part of a legal superstructure that stabilizes profit extraction from collectively produced creative labor. This correspondence concludes by advocating for collective recognition and fairer profit distribution mechanisms that align copyright law with the socio-technical and economic realities of AI-enhanced creativity.