The key to determining whether a user of AI software can become the author is to identify whether the AI-generated content is"directly created"by the users operation.When explaining the meaning of the"directly created"re-quirement,existing theories take free will as both the logical starting point and the normative requirement,which not only fails to properly respond to the challenges posed by the"participation of the object"and"random factors"in the content production process,but will also have negative policy implications.The existing theories should be replaced by the corre-spondence theory.The correspondence theory takes"human operation"as the logical starting point and the one-to-one correspondence between"human operation"and"implementation result"as the normative requirement,and considers that the"random factor"will not break the one-to-one correspondence,while rejecting the proposal to take"creative inten-tion+indirect influence"as the normative requirement.According to the correspondence theory,the user of AI software cannot in principle become the author of the AI-generated content and enjoy copyright,only when the user's operation be-longs to the"behavior of collaging AI-generated contents",the user may have a chance to claim authorship and can only enjoy copyright for the part of the AI generated content that reflects the user's organization and arrangement.
copyright lawnatural person authorshipthe correspondence theoryAI-generated content
万方数据
维普
