Exploring the Path of Copyright Protection for Artificial Intelligence Products
DOI:
https://doi.org/10.54097/hbem.v9i.9070Keywords:
Artificial Intelligence Products; Copyright; Copyrightability; Ownership of Rights.Abstract
Riding on the "east wind" of ChatGPT's explosion, the copyright issues involved in artificial intelligence products have once again become the focus of academic circles. At present, the number of artificial intelligence products is proliferating, and the lack of protection of artificial intelligence products under the copyright law has led to multiple risks such as untrue attribution of artificial intelligence products and irregular regulation of plagiarism of artificial intelligence products. The practical demand for copyright protection of artificial intelligence products needs urgent response from the legal level. As the logical starting point for granting copyright protection to artificial intelligence products, there are two kinds of differences in the determination of the originality of the products, namely the personality binding theory and the objective standard theory. From the perspectives of legislative spirit, copyright development trend and technical feasibility, it is justified, feasible and positively meaningful to adopt the latter to grant copyrightability to artificial intelligence products. Based on the evaluation of the value of the copyrightability of artificial intelligence products, the originality criterion is broken down into two major elements, namely, uniqueness and creativity, to build a factual judgment path for the copyrightability of artificial intelligence products, and then to realize the specific determination of the copyrightability of specific artificial intelligence products. This in turn gives rise to the dispute over the copyright ownership of artificial intelligence products. At this stage, allowing copyright rights and interests to be freely distributed among relevant subjects is an appropriate way to create the best benefits and maintain a balance of interests of all parties.
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References
See Yu, X. C., Zheng, G., and Ding, X. D., "Six Issues of Generative Artificial Intelligence and Law: ChatGPT as an Example," in China Law Review, Vol. 2, 2023.
Steven Levy, “Can an Algorithm Write a Better News Story Than a Human Reporter?”, WIRED, https:// www. wired, com/2012/04/can-an-algorithm-write-a-better-news-story-than-a-human-reporter/, Last access date: April 22, 2023.
See [Australia] Brad Sherman, [English] Lionel Bentley, The Evolution of Modern Intellectual Property Law: The Course of England (1760-1911), translated by Jin Navy, Peking University Press, 2006, p. 207.
See Yuanmin Zheng and Xuxie He, "Reviewing the Protection Path of Artificial Intelligence Generators in the Perspective of Results," in Technology and Law, Vol. 3, 2020.
See Huang Hui, Huang J., "The Reasonableness of Artificial Intelligence Generated Objects Being Considered as Works for Protection," in Jiangxi Social Science, 2019, No. 2.
See Atilla Kasap, Copyright and Creative Artificial Intelligence (AI) Systems: A Twenty-First Century Approach to Authorship of AI-Generated Works in the United States,19 Wake Forest Journal of Business and Intellectual Property Law 335,339-342(2019).
See Xiong Qiuhong, "Exploring the Application of Artificial Intelligence in Criminal Justice," in Social Science Digest, 2023, No.
See Zhu Zhen, "How Attribution is Possible: Free Will and Legal Responsibility in the Age of Artificial Intelligence," in Comparative Law Studies, 2022, no. 1.
On August 21, 2014 the Los Angeles Times reported "U.S. Copyright Office: monkey selfies can't be registered as copyrighted works" (Lauren Raab, Monkey Selfies Can't Be Copyrighted, Federal Office Decides, LATIMES (Aug. 21, 2014), full story available at: http://www.latimes.com/nation/nationnow/la-na-nn-monkey-selfie-copyright-20140821-story.html.
See Xu Peng: "Public Domain": A Reasonable Way to Return Short-term Artificial Intelligence Creations" in Nanhai Jurisprudence, No. 1, 2020.
See Huang Yuye, Sima Hang, "The Right Attribution of Artificial Intelligence-Generated Works from a Yielding Perspective," in Journal of Henan Normal University (Philosophy and Social Science Edition), No. 4, 2018.
See Xu Mingyue, Tan Ling, "On the Protection of Neighboring Rights of Artificial Intelligence Creations - Theoretical Evidence and Institutional Arrangement," in Comparative Law Research, Vol. 6, 2018.
See Xiong Qiuhong, "Exploring the Application of Artificial Intelligence in Criminal Justice," in Social Science Digest 2023, no. 2.
See Colin R. Davies, An Evolutionary Step in Intellectual Property Rights-Artificial Intelligence and Intellectual Property, 27 Computer Law&Security Review 601,617 (2011).
See Yi Jiming, "Are Artificial Intelligence Creations Works?", in Legal Science (Journal of Northwestern University of Political Science and Law), 2017, 5th ed.
See Li Chunfang, Huang Tao, "Exploring the Copyright Protection of Artificial Intelligence Generation from the Perspective of Audience", in Journal of South China University of Technology (Social Science Edition), No. 1, 2022.
See Zhu Mengyun, "The Design of Copyright Attribution System for Artificial Intelligence Generated Objects," in Journal of Shandong University (Philosophy and Social Science Edition), Vol. 1, 2019.
See Garett Hardin, The Tragedy of the Commons, 162 Science 1243, 1244(1986).
supra note 16, at 24.
BESSON V, LAGARDE M, PAPAIXC T. Le dévoiement de la notion d' originalité en droit d' auteur. l' avènement d ' un flou artistique[J]. Revu International Droit d' Auteur, 2016, 250(1):25-56, cited in Zhang X. P. and Zheng P. "On the dilution of the natural person source of the originality of artificial intelligence creations", in Journal of Dalian University of Technology (Social Science Edition), No. 6, 2021.
See Zhang Xiaoping, Zheng Peng, "On the dilution of the natural person source of the originality of artificial intelligence creations", in Journal of Dalian University of Technology (Social Science Edition), No. 6, 2021.
Article 11, paragraph 2 of the Copyright Law of the People's Republic of China: "The natural person who creates a work is the author."
See Q. Xiong, "Copyright Recognition of Artificial Intelligence Generated Content," in Intellectual Property, Vol. 3, 2017.
Article 3 of the Copyright Law of the People's Republic of China: "The works referred to in this Law refer to the intellectual achievements in the fields of literature, art and science that are original and can be expressed in a certain form."
See Wang Kun, "The distinction between stock knowledge and incremental knowledge in intellectual property objects and their functions" in Zhejiang Social Science, No. 7, 2009.
See Li Hang, "The Identification and Attribution of Rights of Artificial Intelligence Generated Content from the Perspective of Copyright," in Entertainment Law Insider, No. 4, 2023.
See Xu Xiaoben, "On the Copyrightability of Algorithmic Creations and Copyright Attribution," in Oriental Law, Vol. 2021, No. 3.
supra note 5, at 33.
See Aizhen Li, "Exploration and Inspiration of Copyright Protection for Artificial Intelligence Generators in the United States," in Electronic Intellectual Property, Vol. 11, 2020.
supra note 16, at 24.
See Ma Changshan, "Social Risks of Artificial Intelligence and Its Legal Regulation" in Legal Science (Journal of Northwestern University of Political Science and Law), No. 6, 2018.
See Li Yang, Li Xiaoyu, "Exploring the Copyright Issue of Artificial Intelligence Generates under the Viewpoint of Kant's Philosophy" in Journal of Law, 2018, No. 9.
supra note 17, at 118.
See C.W. Liang, "On the Legal Protection of Artificial Intelligence Creations," in Legal Science (Journal of Northwestern University of Political Science and Law), No. 5, 2017.
supra note 32, at 43.
See Kalin Hristov, Artificial Intelligence and the Copyright Dilemma,3 The Journal of the Franklin Pierce Center for Intellectual Property, 431-441(2017).
supra note 23, at 3.
See Chen Quanzhen, "Copyright Attribution of Artificial Intelligence Creations: The Transcendence of Investors to Creators," in Journal of Harbin Institute of Technology (Social Science Edition), Vol. 6, 2019.
See Liao S., "On the Composition of Originality and Attribution of Rights of Artificially Intelligent Creations," in Journal of Northwestern University for Nationalities (Philosophy and Social Science Edition), No. 2, 2020.
See Li Hang, "The Identification and Attribution of Rights of Artificial Intelligence Generated Content from the Perspective of Copyright," in Entertainment Law Insider, No. 4, 2023.
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