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Arts & Communication Copyright protection for AI-generated works

followed, it suggests that the provision recognizes only This law governs activities related to network information
humans as authors, even though the term “create” is used security, aiming to protect information and information
in a broad sense. This provision illustrates inconsistency in systems on the network from unauthorized access, use,
the Vietnamese law when it comes to AI-generated works. disclosure, interruption, modification, or destruction,
If a work can be created without a human author, there is to ensure the integrity, confidentiality, integrity, and
no clear basis for determining the author of the work, and, availability of information (excluding national security-
consequently, its protection under copyright law. critical information systems, which are governed by the
Cybersecurity Law).
The issue of intellectual property rights for AI-generated
works is therefore creating legal challenges. According Although current Vietnamese law does not specifically
to current Vietnamese law, intellectual property rights address copyright protection for AI-generated works,
can only be imposed on human-created works. These the government’s recognition of the need for protective
challenges are particularly significant when addressing mechanisms in cyberspace, particularly in the context
disputes concerning the infringement of intellectual of digital transformation, has led to actions such as
property rights in works created by AI or when AI itself is the drafting of laws that adapt to the rapid changes of
accused of infringing other’s intellectual property. technology. As a result, it is likely that future Vietnamese
legislation will include a protection mechanism for AI in
However, the idea of protecting intellectual property general, and for the copyright protection of works created
in the online environment is not new in Vietnamese law. by AI in particular.
In the context of the technological advancement driven by
the Fourth Industrial Revolution, most transactions today 4. Recommendations regarding Vietnamese
now take place in cyberspace. From small, self-managed intellectual property law
transactions to larger contracts governed by the 2005
Electronic Transactions Law, the Law already addresses Based on the current challenges and global approaches to
digital transactions in Vietnam. Chapter IV of the 2005 identifying copyright protection for AI-generated works,
Electronic Transactions Law focuses on security, safety, this paper proposes a set of recommendations aimed at
protection, and confidentiality in electronic transactions, accommodating and improving the legal framework on
ensuring the protection of data messages and outlining the this issue, both in general and specifically for Vietnam.
responsibilities of network service providers and related 4.1. AI-generated works as a subject matter of
organizations, as required by competent state agencies. copyright protection
At present, the Ministry of Information and To be eligible for copyright protection, works created by
Communications is finalizing a draft law to replace the AI must meet the minimum requirements for creativity
2005 Law on Electronic Transactions to better address and originality. There are two key factors in evaluating
changes in the volume and rapid growth of online the originality of a work: (i) the creative process involved,
transactions. Accordingly, the revised draft law emphasizes and (ii) the distinctive traits that make the work unique.
the issue of safety in electronic transactions, as reflected To determine whether an AI-generated work qualifies for
in more detailed regulations on this matter. Chapter IX of copyright, it is important to compare the creative processes
the draft is titled “Data Safety and Network Information of humans and AI.
Security in Electronic Transactions” and is divided into two
sections: Data Safety and Network Information Security. First, both human and AI creative processes require
One article regulates the responsibilities of internet service a source of material for creation. This material can be
providers, digital data centers, and digital platforms, considered a common societal resource, available for
specifically stating: “Coordinating with relevant agencies in exploitation by anyone, and includes ideas, themes, cultural
arranging premises and connection ports, and implementing products, and other materials from nature or society. For
necessary professional measures; developing management example, in the case of literary works, the first source
regulations and technical measures to prevent and block material is vocabulary; for musical works, it is chords, and
the use of services that spread data messages with content so on. When humans create works, they select the material
inconsistent with the nation’s cultural and ethical traditions, for their compositions, while in the case of AI, it is the
harm national security, disrupt social order and safety, or programmers who select and provide the input data for the
violate other provisions of law.” The additional regulation machine.
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on Cyberspace Information Security in the draft, an issue Second, both processes require tools for expressing
not addressed in the 2005 Law on Electronic Transactions, the work, such as language, sound, images, and colors.
aligns with the 2015 Law on Cyber Information Security. These tools are often associated with the materials that

Volume 3 Issue 2 (2025) 6 doi: 10.36922/ac.3745