The Logical Update and Institutional Construction of"Opt-Out"for AI Data Mining
Artificial intelligence is subverting the profit-sharing arrangement of the copyright,and the benefit game between AI providers and copyright owners is becoming increasingly fierce.The"opt-out"system has be-come the core to mitigate the problem.The introduction of"opt-out"system into the copyright law for AI data mining can alleviate the market failure,achieve the coordination between the technological change and copyright law,and realize the fairness in both the entity and the procedure.While the distribution mechanism of the fair use and implied license system in the era of artificial intelligence becomes invalid,the statutory license model and the"opt-out"system can reach an agreement in logic.However,in the specific implementation of the statutory license model,there still exist some problems.For example,it is difficult to define the limit,the procedures are ambiguous,and the supporting measures such as the payment standard and regulatory system are disjointed.China should make the initiative to amend it,take the newly added provision of the copyright law as the core for the implementation,take the specific procedure of"opt-out"as the guarantee for operation,and make the supporting measures such as the payment standard and coordinated regulatory system operate effectively.
AI data miningopt-outfair usestatutory permissionimplied permission
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