The Re-Shaping of the Contact Requirements for Copyright Infringement Identification by Generative Artificial Intelligence
In the identification of copyright infringement,contact has an independent legal status and is a prerequisite for substantive similarity identification.The legal nature of contact should be inference rather than presumption,and its proof should also adopt the high standard of reasonable possibility required by inference.After the intervention of generative artificial intelligence in creation,the presupposition of limited learning ability in contact requirement is shaken,the requirement of identity between access subject and creation subject is destroyed,and the possibility of contact fact verification is greatly eliminated.In response to the challenge of generative artificial intelligence,under the premise of making full use of existing theoretical resources and respecting the development level of existing technology,the proof of contact can be transformed into the proof of the subjective fault of the actor by returning to the rules of civil law.At the same time,through the construction of a human-machine consortium,the collective responsibility path replaces individualism,and resolves the dilemma that the identity of the contact subject and the creative subject is separated and the actual victimizer is difficult to confirm.In order to prevent users from taking too much responsibility,users and generative artificial intelligence in the man-machine alliance should not be identified as objective joint infringement,but should be characterized as separate infringement.
万方数据
维普
