关键词: 生成式人工智能, 在先作品, 可版权性, 主体性, 独创性, 背书机制

Abstract: The rapidly development and embedded applications of generative artificial intelligence pose challenges to the existing copyright system. Generative artificial intelligence normalizes the crawling of massive amounts of prior work data, inducing infringement risks. Long distance text semantic understanding ability is intended to cover up infringement traces, and open cross domain generalization reasoning ability provides technical convenience for infringement. In terms of data feeding in works, generative artificial intelligence may cross the boundaries of fair use systems or lead to the extreme of unprotected or overprotected rights in previous works; In terms of copyright-ability of generated content, generative artificial intelligence decouples copyright subjectivity with its high-quality and massive generation ability, meeting the "minimum creative standards" and originality requirements. Propose to establish an endorsement system for the use of prior works to address the problem of rational use of algorithms; Promote the horizontal transition from "author centrism" to "work centrism", and shift the author's rights law starting from personality rights to copyright law starting from property rights; Establish an interpretable generative artificial intelligence originality evaluation mechanism and reinterpret originality standards.

Key words: Generative artificial intelligence, Prior work data, Copyrightability, Subjectivity, Originality, Endorsement mechanism