Technology neutrality is an important guiding principle for the development of copyright fair use system since the technological revolution,which plays a coordinating and balancing role in the conflicts of interests caused by reproduction technology,communication technology,computing technology and Internet technology,and implies the value tendency of pri-ority on technology development.Under the"Three-Steps Test"of fair use,as artificial intelligence model training belongs to the underlying technical resources in the technical system,and the technical effect is inclusive,the use of massive works in the process of model training has the justification from the purpose of copyright law.Moreover,such use Such use neither af-fects the normal use of the original work nor unreasonably damages the legitimate rights and interests of the copyright owner with the cooperation of other copyright protection mechanisms.From the perspective of balance of interests,copyright owners can restrict fair use by setting technical measures on digital works,and set reasonable duty of care for AI technology developers by referring to the safe harbor rules to prevent the abuse of AI models and avoid unreasonable damage to copyright owners,which finally form an order of copyright protection and utilization conducive to the development of AI.
Artificial IntelligenceTechnology NeutralityData TrainingFair UseBalancc of Inter-ests
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