The copyright infringement risk and solution path of data mining——From the perspective of generative artificial intelligence creation
Data mining is the starting and necessary step of generative artificial intelligence creation.Without the author's permission,data mining of works to obtain training data faces the risk of copyright infringement.However,the training data obtained from data mining is an important nutrient for generative artificial intelligence to acquire learning abilities.To resolve the conflict between copyright protection and the development of generative artificial intelligence technology,data mining should be recognized as fair use.The theoretical basis of this is that excessive copyright protection has gradually lost its legitimacy,and recognizing data mining as fair use is also in line with the principle of copyright law protecting external expressions rather than internal ideas.At the same time,data mining is also conducive to achieving the goal of maximizing social welfare.Based on this,in the context of weak artificial intelligence era,it should draw on the advanced experience of foreign text and data mining reasonable use system,adopt a relaxed legislative model to create a new type of reasonable use of data mining,encourage generative artificial intelligence creation,and promote the prosperity of related industries.
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