Risk of Copyright Infringement and Distribution of Tort Liability for the Artificial Intelligence Generated Content
The industrial application of ChatGPT and other generated artificial intelligence products will cause a larger and more hidden risk of AIGC copyright infringement.AIGC copyright infringement is different from the traditional network copyright infringement type,it is necessary to investigate its infringement risk,infringement subject and tort liability involved separately.Most researchers focuse on the copyright problem in machine learning,the copyrightability and ownership of AIGC,but there is some insufficient research on the copyright infringement of AIGC.This paper combines the operation principle of artificial intelligence technology and the basic principle of copyright law,and explores the causes of the risk of AIGC copyright infringement.Using the legal relationship analysis method,the legal relationship between artificial intelligence product designers,AIGC service providers and network users is clarified,and the subject of AIGC copyright infringement liability is locked.On this basis,this paper discusses how to distribute the copyright infringement liability between the above subjects.This paper believes that,due to technical reasons and legal provisions,the risk of AIGC copyright infringement is objective and difficult to eliminate.Although AIGC copyright infringement belongs to a form of network copyright infringement,due to the replacement of AIGC service providers and network users in the chain of"algorithmic creation—content dissemination",compared with the traditional network copyright infringement,the identification mode of AIGC copyright infringement liability subject has changed.In terms of the specific distribution of tort liability,it is more appropriate for AIGC service provider to assume no-fault liability than fault liability;network users who are at fault when spreading the infringing content shall be liable for damages,but they can claim the exemption by referring to the safe harbor rules.In order to balance the goal of copyright protection and industrial innovation,the limiting mechanism of AIGC copyright injunction can be launched according to the liability rules,and the AIGC copyright liability insurance system and compensation fund can be considered.This paper extends the existing research from the following aspects:first,it defines the role of AIGC service providers and network users in the structure of AIGC copyright infringement,and analyzes the particularity of the AIGC copyright infringement liability subject identification mode.Second,it demonstrates the rationality of the AIGC service provider's no-fault liability,and clarifies the network users'liability for stopping infringement,liability for damage compensation and the reasons for exemption.Thirdly,based on the consideration of balancing rights protection and industrial innovation goal,it proposes the limiting mechanism of AIGC copyright injunction and AIGC copyright liability insurance system,to seek the reasonable sharing of infringement risk and infringement liability of AIGC.This paper will provide a theoretical basis for the reform and improvement of network copyright infringement rules in the digital era,provide theoretical guidance for the judicial organs to judge AIGC copyright infringement cases,and provide a strong legal guarantee for the benign development of artificial intelligence industry and digital economy.
AIGCgenerative artificial intelligencecopyright infringementimputation principlerisk distribution mechanism
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