"Human-centered"is the fundamental principle of artificial intelligence(AI),and the author-centric model of China's copyright law was initially designed to adhere to author centrism.AI-generated content(AIGC)cannot be separated from the irreplaceable logical basis of subject and object.When it meets the requirements of originality through Turing test,considering legal stability,ethics and Pareto optimality,the copyright protection of AIGC is the best choice,with the users as the author.This protection still relied on existing types of works,the content and duration of right remains unchanged,and marking is a prerequisite for obtaining legal protection.Although AI data input and machine learning may use protected works and their fragments,such use is non-expressive and non-competitive,generating new knowledge and promoting overall human development,thus being fair use.In the future,China's copyright law should introduce a special clause on"text and data mining"as fair use.
维普
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