Copyright Risk and Solution of Generative Artificial Intelligence Development——Take ChatGPT as an Example
Generative artificial intelligence expands the way of text generation,improves the efficiency of content generation and promotes the accessibility of professional knowledge,and has the technical legitimacy encouraged by the system.The develop-ment of generative artificial intelligence requires the reproduction of a large number of works as materials for training machine learning,but such reproduction is not exempted by copyright legislation in China at present.The use of works in the process of text and data mining is not for the purpose of appreciating expression or obtaining information,and will not replace the market of copyright owners,which has the theoretical basis of being an exception to rights.The extraterritorial copyright legislation also rec-ognizes the legality of the exploitation of works in text and data mining.The amendment of copyright legislation in the future should add exceptions to the right of text and data mining to the fair use clause,and make specific provisions on the purpose of use,use behavior and use results.To address the absence of exceptions to legislative rights,mining practitioners should explore alternative measures such as working with publishers,building shared databases,and using temporary copying to circumvent the risks of current exploitation of works.
Text and Data MiningArtificial IntelligenceChatGPTFair Use
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