Abstract:
Unlike traditional AI-generated products, brain-computer interface (BCI) products involve direct human participation in the process of creation, extending the pathways for human thought expression and showcasing unique characteristics of creativity. Based on the dichotomy between ideas and expression, as well as core copyright principles such as originality and fixation, BCI products meet the requirements for copyright protection under global copyright laws and align with the historical inevitability of technological transformation. The legitimacy of their copyright protection is established through the clear distinction between ideas and expression, with the user’s choices and arrangements in the creative process ensuring originality, while fixation is achieved by converting brain signals into tangible expressions. The legal frameworks in the United States, the European Union, and China differ in their approaches: the U.S. strictly adheres to the principle that copyright can only be held by human creators; the EU, while respecting human originality, is gradually opening up to the idea of granting copyright protection to technology-generated products; and China, while maintaining its tradition of “intellectual creation”, is beginning to explore copyright mechanisms for BCI products. A copyright protection pathway for BCI technology should be constructed from both an international perspective and the standpoint of a tailored Chinese solution.