Potential infringement risks arise at various stages of the training process due to the unpredictability inherent in the sources,usage,and outputs of training data for generative AI models.The acquisition and use of large-scale training data do not fall under the scope of statutory and compulsory licenses within traditional legal systems.Although exemptions from liability are covered in specific cases by fair use provisions,these do not effectively regulate the behavior of training data itself.Further exploration in judicial practice is required to determine specific criteria and discretionary rules for each element of the"Three-Step Test".While the extrater-ritorial"transformative use"standard can serve as a reference,the specific considerations for this standard urgently need to be identi-fied.It is essential to enhance the legal system and its supporting measures in related fields to foster the development of AI technology and to protect the legitimate rights of copyright holders,thereby balancing the interests of both parties.
关键词
生成式人工智能/训练数据/合理使用/转化性使用/利益平衡
Key words
generative artificial intelligence/training data/fair use/transformative use/balance of interests
维普
万方数据