On the Construction of Compensation Mechanism for Authors'Interests in the Context of Artificial Intelligence Technology
Generative artificial intelligence is continuing to impact on the copyright system.From the perspective of industry and technology,although generative AI can"create"recognized excellent works,human literary and artistic creations have special values,and compensating human authors can promote the development of the AI industry;from the perspective of law,the fair use in the Copyright Law and the rule of"three-step test"provide important arguments for compensating human authors,which is verified by international treaties and extra-territorial legal practice.In the construction of the specific compensation mechanism,there are some legal and practical obstacles to mandatory payment of compensation by AI system providers at the stage of reservation of rights.In contrast,it is more reasonable and operable for copyright collective management organizations to carry out unified management and extract fees at the stage of utilization of AI-generated content.