Copyright Challenges and Solutions of Brain Computer Interface Generated Content
Brain computer interface(BCI)is a novel interactive system established between humans and external electronic devices not relying on the normal output pathways of the human brain.The BCI collects brainwave signals and converts them into symbols for processing raw brain data by external electronic devices,which are displayed on a screen for human reading.By studying the copyright challenges brought out by the BCI generated content,this article proposes that BCI generated content can be protected by copyright after eliminating neural noise and autonomous think-ing signals as well as increasing production costs to guarantee that the BCI generated content is a highly original intellectual achievement.The BCI itself and the designer of the BCI program should not enjoy copyright over the generated content.Only users who have invested intellectual labor in creation can enjoy copyright.The generation of content through BCIs can result in two types of copy-right infringement:users utilizing BCIs to generate content that is substantially similar to previous traditional works;BCI designers reproducing previous traditional works or BCI generated content to train large models.Legislations and judicial practices in China may support fair use defense for these two types of copyright infringement:users utilizing BCIs to generate text,music,art and other works may fall under the legislative exceptions of private study,research or appreciation,and appropriate citation;The training of BCI large models may fall into non-expressive transformative fair use offered in Google books copyright infringement case.
brain computer interface generated contentidea and expression dichotomygen-erative artificial intelligencecopyright infringementtransformative fair use