Whether AIGCT has copyright needs to be analysed from the perspective of rights identification and rights confirmation.While exploring the criteria for identifying the subject of the right,whether it constitutes a work under the copyright law,and balancing public and private interests,the type of right,the content of the right and the way of confirming the right should be determined.At present,there are some differences in comparative law on the determination of the attribution of rights to AIGC copyright,which can be divided into four main modes:the substantive independent empowerment mode,the retroactive attribution of rights mode,the restrictive recognition of rights mode,and the exclusive denial of rights mode,and the general tendency is that the specific user enjoys the copyright.China's law on AIGC norms are relatively lacking,based on comparative law experience needs to be introduced into the relevant registration system,the establishment of the whole process of dispute resolution mechanism,so as to realize the balance of encouraging innovation and breaking monopoly.
关键词
人工智能生成物/创新激励/独创性/赋权模式
Key words
AIGC/incentive for innovation/originality/empowerment models
维普
万方数据