Copyright Infringement Determination in Text Content Generated by Artificial Intelligence
DOI:
https://doi.org/10.54097/mvfy6z57Keywords:
Artificial Intelligence Generated Content, Substantial Similarity, Copyright Infringement.Abstract
Copyright issues of artificial intelligence-generated content have become a key focus in AI-related rule of law. Of these, copyright violations of AI-generated text are especially pertinent. The old test, of “access + substantial similarity” cannot be correctly applied to the text generated by AI because of the nature of such text. The U.S. system is based on case law; the EU and Germany systems are based on comprehensive institutional frameworks and have different approaches. In this way, infringing on such a basis can be comprehensively determined by distinguishing protected and unprotected elements of copyrighted works and identifying original elements. A filing and inspection mechanism for AI training data should also be put in place to ease the determination of the "access" requirement.
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