The copyrightability and ownership of AI-generated content fundamentally revolve around identifying the author in machine-generated creations and evaluating human intellectual activity.In a normative sense,the author's activity is a kind of human intellectual activity separated from the machine.The normative concept of an author refers to human intellectual activity that is distinct from machines.The act of creation consists of two parts:detailed conception and controlled execution.In machine-gener-ated works,the focus of intellectual activity assessment is the internal expression of human conception,not the external expression generated by the machine's execution.Originality is judged based on the method of creation,rather than the appearance of the machine's product.The author is the person who conceives the work and controls its execution.In analyzing AI-generated works,we should first separate the machine's role and AI's contribution,and then determine whether the human role meets the require-ments of conception and execution.This involves evaluating whether there was a sufficiently detailed cre-ative plan during the preparatory stage of content generation,whether the choices made satisfy the origi-nality requirement,and whether the human had control over the AI's execution.The author of AI-gener-ated content could be the AI designer,the user,or there could be no author at all.This determination re-quires a case-by-case analysis,taking into account the characteristics of the AI program,the respective activities of the designer and user,and conducting a typological analysis of the key expressive elements in the AI-generated work.
Acts of CreationAuthorConception and ExecutionPhotographyAIGC
万方数据
维普
