On the Protectionof Copyright Law for Generative Artificial Intelligence Creations
With the emergence of generative artificial intelligence represented by ChatGPT,generative Al has shown an emerging state,greatly weakening the role of humans in it and bringing forth a series of legal challenges:Is AI the author?Is AI product a work of art?Do we need to protect it?Who should the benefits of AI generated products belong to?From the practice and theoretical exploration of various countries,there are three existing solutions.Based on the legislative purposes of copyright law,avoiding fundamental turbulence in the legal system,and upholding the principle of human subjectivity,the authorship of AI should be denied,and meanwhile,generative AI creations should be given graded and classified protection:automatically generated contents entering the public domain,auxiliary generated products that humans have invested in original contributions should be given copyright protection,and benefits should belong to the main body of original contributions.Only by adhering to human subjectivity and returning the focus of copyright law incentives to human motivation can we preserve the soil for the growth of human thought and creativity in the rapidly developing era of generative AI.
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