The legitimacy of reverting digital"intellectual achievements"protection to copyright law——Background on the path selection for protecting AI-generated content
At present,a plethora of digital"intellectual achievements"continue to emerge,but the legitimacy of copyright pro-tection has been challenged as never before.Taking AI-generated content as an example,both in the object of protection,the sub-ject of rights,and the controlled behavior,there are difficulties in identifying because of the strong involvement of technology,which leads to the tendency of applying anti-unfair competition law for protection.However,the application of anti-unfair competi-tion law not only fails to achieve the desired effect,but also increases social costs due to the conflict with copyright law.After fur-ther analysis,it can be found that there are misunderstandings about the creation mode,technical identity,and the nature of use behavior on digital"intellectual achievements"such as AI-generated content.When the relevant misunderstandings are corrected,copyright law is fully capable of providing adequate protection for digital"intellectual achievements"and achieving a balance be-tween the interests of authors and the public interest.Therefore,the correct approach is to clearly define the boundaries of copy-right law,anti-unfair competition law and public domain externally,and to find a protection mode suitable for digital"intellectual achievements"internally by using the efficient interest balance mechanism of copyright law.
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