Copyright or Technology First:Trends and Implications of France's Response to AIGC's Copyright Risks
AIGCs such as ChatGPT have triggered the tension between technology and copyright protection.On the model training side,AIGC uses works on a large scale,and the traditional copyright licensing system fails;on the content generation side,AIGC's creative autonomy increases,and the nature of"works"and the attribution of rights of its generated products are unclear.In order to regulate the development of AIGC,the French Parliament has proposed a bill that requires all AIGC model training to obtain copyright licenses and adds a royalty system;attributes the copyright of AIGC-generated works to the copyright holder of the original work and establishes a marking obligation.The bill is a helpless compromise concerning the opposing ways of strong copyright protection and weak technology incentives,which is due to the contrasting gap between the strengths of France's local AI industry and cultural industry.At present,China is in the stage of improving the international competitiveness of AI technology,and it is more realistic and feasible to take the balanced path of copyright protection and technology development.For the model training of AIGC,the utilization of works of"statutory license+collective management of copyright"can be adopted;for the content generated by AIGC,under the premise of meeting the"minimum standard of human originality contribution+the obligation of marking generated by AIGC",it can be protected as a work of art,and the copyright will be protected as a copyrighted work.For the content generated by AIGC,it can be protected as a work of art and the copyright can be attributed to the user of AIGC.
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