Dilemmas and Solutions of Artificial Intelligence Creation in Applying Fair Use System

DOI: https://doi.org/10.62517/jel.202414402

Author(s)

Xinhui Du

Affiliation(s)

China Jiliang University, Hangzhou 310000, Zhejiang, China,

Abstract

Artificial intelligence creation refers to the act of acquiring massive works in various ways, digitizing them and transforming them into data, then learning and training on the acquired data, and ultimately outputting the corresponding creations. In the process of AI creation, unauthorized access and use of works may lead to the risk of copyright infringement. However, the fair use provisions in the current copyright law do not provide corresponding exemptions for the infringement risks caused by the utilization of works by AI in the process of creation, which means that there is a dilemma in applying the fair use rules to the creation of AI. Countries and regions such as the United States, Japan and the European Union have already responded and adjusted to this. Therefore, China should clear the obstacles for the further development of AI creation by adding a new fair use scenario "computer analysis information", accelerating AI-related legislation, and further clarifying the determination of the three-step test in AI creation.

Keywords

Artificial Intelligence Creation; Work Utilization; Copyright Infringement; Fair Use

References

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