Journal of Information Resources Management ›› 2024, Vol. 14 ›› Issue (5): 147-158.doi: 10.13365/j.jirm.2024.05.147

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Research on the Copyright Dilemma and Solution Path of Generative Artificial Intelligence Using Previous Works

Liu Zubing   

  1. Internet and Artificial Intelligence Law Research Center of Law School,Tongji University,Shanghai,200092
  • Online:2024-09-26 Published:2024-10-15
  • About author:Liu Zubing is a Ph.D. candidate whose research interests lie in the field of intelligent law and intellectual property law, Email:ncliuzb@126.com.
  • Supported by:
    This work is supported by the Humanities and Social Science Planning Fund of the Ministry of Education's project "Legal Issues on the Commercial Utilization of Data in Intelligent Vehicles" (21YJA820032) and Shanghai 2022 Soft Science Research Project "Legal Risks and Prevention of Data Export in Intelligent Connected Vehicles" (22692104400).

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

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