Author(s)

Wangrui Yang ¹

Affiliation(s)

¹ Guangdong University of Finance, 527 Yingfu Road, Longdong, Tianhe District, Guangzhou City, Guangdong Province, China

Corresponding Author

Wangrui Yang

ABSTRACT

The emergence of Artificial Intelligence has changed the traditional way of creating works dominated by human beings, which has triggered many copyright-related issues. Globally, there are relatively few AIGC copyrightable cases in the judicial practice related to AI technology, which, taken together, leaves many issues to be discussed at the legislative and judicial levels, such as the determination of copyrightability, the ownership of works, the protection of data ingested by AI, the balance of interests, and so on. Determining copyrightability of AIGC can, on the one hand, help to "settle disputes" in technical disputes related to AIGC, and, on the other hand, guide the development of copyright in literature, art, and science. Therefore, it is necessary to respond to a series of copyright issues caused by AIGC. Based on the current development of AI technology, guided by the essence of copyright law, and considering the protection practice of AI-generated objects, this paper intends to study the focus of copyright disputes involved in the AIGC. It will participate in the legal regulation of intellectual property rights as a matter of course, and offer suggestions for balancing the legal interests of creators and the public.

KEYWORDS

Artificial Intelligence Generated Objects; Copyright; Rights Attribution

CITE THIS PAPER

Wangrui Yang, Legal Regulation of Intellectual Property Rights in the Digital Age: A Perspective from AIGC Infringement. Science of Law Journal (2024) Vol. 3: 164-173. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030322.

REFERENCES

[1] https://www.trails.umd.edu/news/image-generating-ai-can-copy-and-paste-from-training-data-raising-ip-concerns
[2] https://stablediffusionlitigation.com/pdf/andersen-first-amended-complaint.pdf
[3] https://www.copyright.gov/comp3/docs/compendium.pdf
[4] https://www.copyright.gov/docs/zarya-of-the-dawn.pdf.Lastvisit: 3/24/23.
[5] European Commission, Directorate-General for Communications Networks, Content and Technology, Hartmann, C., Allan, J., Hugenholtz.(final report, Publications Office, 2020, https://data.europa.eu/doi/10.2759/683128,last visit:3/24/23.)
[6] https://data.europa.eu/doi/10.2759/683128, last visit: 3/24/23.
[7] Article 3 of the Copyright Law of the People's Republic of China (Revised in 2020) and Article 2 of the Regulations for the Implementation of the Copyright Law of the People's Republic of China.
[8] Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007).
[9] Authors Guild v. Google, Inc., No. 13-4829 (2d Cir. 2015).
[10] (2024) Guangdong 0192 Minchu No. 113 Civil Judgment.

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