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Assessing the Copyright Infringement Risk of Generative AI “Created” Works
- 1 Monash University
- 2 DaTong University
* Author to whom correspondence should be addressed.
Abstract
The rapid evolution of the Internet and big data technology has ushered in significant advancements in data production and utilization. However, this progress has brought to the forefront the intricate issue of copyright protection. This is particularly evident with the widespread adoption of generative artificial intelligence (AI), where concerns regarding data source protection, data processing standards, and the boundaries of data application have garnered considerable attention from both academia and industry. Big data mining techniques coupled with generative AI algorithms offer robust support for data collection and processing, but they also introduce risks of data infringement and pose challenges regarding algorithmic compliance and ownership rights over generated works. Addressing these issues is imperative. This paper recommends enhancing legal compliance standards throughout each stage of the generative AI process, recalibrating the scope of acceptable copyright use, and establishing a regulatory framework for generative AI works. These measures are crucial for fostering the sustainable and orderly advancement of the generative AI industry.
Keywords
generative artificial intelligence, copyright, data source protection, data processing standards, data application boundaries
[1]. Chen Xiujuan, Zhang Zhiqiang. On Communication Informatics and its Progress [J]. Library and Information Work, 2022,66 (21): 120.
[2]. Wu Handong (2020). The question of copyright law on AI-generated works. Chinese and Foreign Law Studies, 32(3), 653-673.
[3]. Zhang Jiyu.— Take the automatic infringement detection of the online content sharing platform in the copyright field as an example [J]. Legal system and Social Development, 2019,25 (6): 81-98.
[4]. Jiao Heping. Copyright risk and mitigation path of data acquisition and utilization in artificial intelligence creation [J]. Contemporary Law, 2022,36 (04): 128-140.
[5]. Jiang Ge, “User perception” factors in the determination of direct infringement of copyright - from reproduction right to information network dissemination right [J]. Global Legal Review, 2021(2), 15.
[6]. See Jeanne Fromer, Mark Lemley, The Audience in Intellectual Property Infringement, 112 Michigan Law Review 1251, at 1251 (2014).
[7]. Ojanperä S, O’Clery N, Graham M. Data science, artificial intelligence and the futures of work[J]. The Alan Turing Institute, 2018.
[8]. Liang Zhiwen, Li Zhongcheng. On algorithm creation [J]. Journal of East China University of Political Science and Law, 2019,22 (06): 46-59.
[9]. Bu Lingjie. Confirmation and protection of the rights and interests of generated artificial intelligence products from the perspective of copyright law [J].Open Journal of Legal Science, 2023, 11: 5198.
[10]. Li Mingde. The protection system of works in the context of two major legal systems [J]. Intellectual Property Rights, 2020,7:3-13.
[11]. Yang Shuxing, Subjective standards in determining the originality of works [J]. Electronic Intellectual Property, 2007(7), 64-65.
[12]. Chen Hu, On the non-copyrightability of AI-generated content: focusing on the form of expression [J/OL]. Journal of Chongqing University (Social Science Edition),2024, 1-13.
Cite this article
Yan,M.;Wang,L. (2024). Assessing the Copyright Infringement Risk of Generative AI “Created” Works. Lecture Notes in Education Psychology and Public Media,53,105-113.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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Volume title: Proceedings of the 3rd International Conference on International Law and Legal Policy
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