The Copyright Protection Model for Artificial Intelligence-Generated Content——A Case Study of China's First "AI-Generated Image" Case
This paper analyzes the dilemmas and challenges faced by the application of narrow-sense copyright protection to artificial intelligence-generated (AI-generated) content in China,and proposes a system design for protecting AI-generated content through neighboring rights,thereby cultivating the fertile legal soil for the development of artificial intelligence technology in China. By combing the two major criteria for determining the originality of AI-generated content:the "author-centered" subjective standard and the "work-centered" objective standard,the paper analyzes the current predicament in the judgment of originality. The article also reviews the three doctrines regarding the recognition of the authorship of AI-generated content:the doctrine of personifying AI as a civil subject,the doctrine of considering AI developers as authors,and the doctrine of considering AI users as authors,highlighting the current difficulties in recognizing the authorship of AI-generated content. Using legal logical reasoning,the paper argues for the feasibility of protecting AI-generated content through neighboring rights and makes the following suggestions for the institutional design of neighboring rights protection for AI-generated content:the rights of AI-generated content should be vested in the AI users;the rights content should be primarily proprietary;and necessary restrictions should be set for the rights of AI-generated content.
artificial intelligence-generated (AI-generated) imagegenerative artificial intelligenceAI-generated contentneighboring rights protection
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