Study on the Attribution of Rights in Generative Artificial Intelligence Works
DOI: https://doi.org/10.62517/jike.202304203
Author(s)
Jiacheng Jiang*
Affiliation(s)
China Jiliang University, Hangzhou, Zhejiang, China
*Corresponding Author.
Abstract
In modern life with ever-changing science and technology, artificial intelligence has become more and more popular, existing in all aspects of people's lives, playing an important and difficult to replace role. However, the lag of the law leads to the fact that it can not solve all disputes, especially in the copyright ownership of artificial intelligence works, whether it is infringement, contract disputes or copyright protection. It is an urgent problem to be solved. Because most of the disputes in the present stage of artificial intelligence are in the aspect of economic property, this paper discusses the ownership of the rights of works from the perspective of law and economics and economic principles. Based on the incentive principle in economics, the feasible path in academic research and the subject of legal responsibility, this paper should ascribe its rights to investors. However, in order to avoid conflicts between the right to use and the right to publish, the node where the user "pays fees" should be regarded as the investor's transfer of the ownership of the work in a "silent" way. If the investment company refuses, it shall do so in an express manner.
Keywords
Attribution of Rights; Generative Artificial; Investors; Benefit Maximization
References
[1] Yao Zhiwei and Shen Ying. On the Attribution of Copyright to Artificial Intelligence Creations. Journal of Xiangtan University (Philosophy and Social Science Edition), 2018(03): 29-33.
[2] Xu Chunming, Yuan Yuling. On the Legal Subjectivity of Artificial Intelligence - Taking the Copyright Protection of Artificial Intelligence Generated Objects as a Perspective. Science, Technology and Law, 2019, No. 138(02).
[3] Xiong Qi. Copyright Determination of Artificial Intelligence Generated Content. Intellectual Property Rights, 2017, No. 193(03).
[4] Sun Yurong. Research on Hot Issues at the Frontier of Copyright Law. Beijing: Intellectual Property Publishing House, 2020.
[5] Xiong Qi. Institutional Innovation in China's Copyright Legislation. China Social Science, 2018(07).
[6] Zhu Mengyun. On the Copyright Protection of Artificial Intelligence Generated Works. Beijing: Intellectual Property Publishing House, 2021: 187-188.
[7] Xiong Qi. The Institutional Arrangement of Considering Investors as Authors in Copyright Law. Jurisprudence, 2010(09):3-8.
[8] Wu Handong. The Copyright Law of Works Generated by Artificial Intelligence. China and Foreign Law,2020,32(03):653.
[9] Huang Yuye, Sima Hang. The Attribution of Rights to Works Generated by Artificial Intelligence under the Perspective of Yield. Journal of Henan Normal University (Philosophy and Social Science Edition), 2018, 45(04): 23.
[10] Yao Zhiwei and Shen Xiaoyi. On the Copyright Attribution of Artificial Intelligence Creations. Journal of Xiangtan University (Philosophy and Social Science Edition), 2018, 42(03).