nj bet365 is a very challenging new thing in the field of copyright。Because it is different from traditional news created purely by natural people,Also different from other kinds of artificial intelligence generated content。The extent to which other artificial intelligence-generated content is protected by law,Not affected by whether it is "solely factual information"。In an environment where the overall legal positioning of artificial intelligence-generated content is unclear,The legal positioning of nj bet365 is relatively awkward,As a result, some domestic jurisprudence can only barely define the nj bet365 involved in the case as "legal person's work"。In the face of the State Council’s “New Generation Artificial Intelligence Development Plan”, which plans to “preliminarily establish artificial intelligence laws and regulations” by 2025、Ethical norms and policy system” and “establishing more complete artificial intelligence laws and regulations by 2030、The strategic goal of "ethical norms and policy system",Exploring the copyright protection path for news generated by artificial intelligence、It is urgent to fill the gap in copyright legislation in the field of artificial intelligence。
The narrow sense of nj bet365 is not very suitable
To solve the legal protection problem of news generated by artificial intelligence,Protecting copyright in a narrow sense is one of the current mainstream ideas,But aside from individual cases, there are very few nj bet365 that do have a certain degree of originality,For most AI-generated news,Narrow copyright protection will cause four problems。
一,Establish the object of rights。The standard of originality of a work is never completely objective and separated from the subject of rights。A piece of information should be called a work,Need to include the difficulty of reproducing the content,For example, the poems occasionally obtained by a wonderful hand,Even though the length is short,Can also become a work,Because others cannot create the same poem without touching the work。In terms of the current status of nj bet365 practice,Most AI-generated news lacks originality – anyone using the same intelligent software can generate similar news,The overall impression given by different news is just replacing synonyms or changing factual data。If these very similar nj bet365 are regarded as the same work,Several people at different times、Using the same smart software to produce several news items in different locations,But you can obtain narrow copyright for the same work,The conclusion is obviously absurd。
二,Distinguish the rights subject。The perspective of positioning artificial intelligence as the author or rights subject,Facing insurmountable legal obstacles。Because of "unique trade-offs、Arrangement、Design and Combination”,Is the key criterion to determine whether it is an author。In the generalized production process of nj bet365,The only smart software that meets this standard is written、Three behaviors of excerpting news sample database and setting news structure。nj bet365 is the product of a series of complex intellectual achievements,When these intellectual achievements belong to different subjects,In the absence of good reason,Only one of the aforementioned subjects becomes the subject of rights,Not fair;If all the aforementioned subjects become rights subjects,Considering news generated by artificial intelligence as a collaborative work,There is also something wrong,Because these subjects usually do not have an explicit intention to cooperate。
Third,Balance interests。Copyright has always had the value of balancing the distribution of interests between individuals and society。Completely bring nj bet365 into the scope of narrow copyright protection,Potential undue restrictions on the dissemination of public information,Unfavorable public welfare protection,Because the current level of artificial intelligence technology determines that most news content generated by artificial intelligence is mainly factual materials,Contents other than factual materials are mostly objective judgments based on factual materials,Rarely contains expressions of thought or subjectivity。
Fourth,Involving intellectual property legal philosophy。News generated by nj bet365 is not entirely generated according to the will of the intelligent software user,And there is a certain degree of randomness。This vague will that only generates works,That is, a state of will that can only predict or conceive the general content framework of the work,Obviously different from the will state of general work creation - a state of will that can predict or conceive the overall framework and specific details of the work。When it is unclear whether the smart software user or other potential rights subject has creative intention in the general sense,It may not be appropriate to grant copyright in a narrow sense,Because at this time it is difficult to say that the work is the embodiment of the author’s personality。
Based on the above judgment,Narrow copyright can pave the way for protection of a small number of nj bet365,But it is not very compatible with most nj bet365。
The protection of neighboring nj bet365 is more reasonable
Using neighboring rights to protect is another mainstream idea at present,Lack of originality,In terms of most nj bet365 that is not purely factual news,Seems more reasonable。
一,Pay attention to the original intention and development trend of system design。Most nj bet365 is not original,But the rights subject’s demands for the economic interests contained therein are indeed legitimate;Grant adjacent rights protection at this time,It is in line with the original design intention of the neighboring rights system protection due to the lack of originality of the object and the existence of reasonable economic returns。At the same time,Intelligent software enables news clues that were easily overlooked due to human limitations in the past to be discovered by intelligent crawlers,Also sifts through massive amounts of information and delivers it to reporters and the public at high speed,Protect this new type of information integration and dissemination carrier with neighboring rights,It is also in line with the development trend that the neighboring rights system continues to accept new communication products that are not covered by narrow copyright。
二,About the communication object。The subject of neighboring rights often uses works as the object of communication,Therefore this right was once called the "right of disseminator of works"。But in the past twenty years,With the development of the copyright system,The view that the object of communication by the subject of neighboring rights may not necessarily be the work is becoming mainstream,An example of this is the recorder’s right formed by directly recording natural scenery without using other people’s works。Most of the objects spread by nj bet365 may be difficult to be recognized as works,But there is precedent,There is no obvious legal obstacle to granting neighboring rights protection。
Third,Achieving a balance of interests。The constitutional positioning of journalism in our country as “serving the people” and “serving socialism”,and "party、Under the political positioning of “the government and the people’s eyes, ears and mouthpiece”,The nj bet365 produced and reported by Chinese media is more of a public product attribute,Its spread should not be too restricted,To avoid triggering the “anti-commons tragedy”。Because the exclusivity of neighboring rights is relatively weak,Implementing neighboring rights protection is more conducive to safeguarding the aforementioned positioning of my country’s journalism,And on this basis to achieve a balance of interests between individuals and society。
Copyright framework design for nj bet365
In terms of the specific nature of rights,The news generated based on most artificial intelligence lacks originality,The current situation that only a few nj bet365 meets originality standards,Only a small number of news generated by artificial intelligence can receive narrow copyright protection,Most news generated by artificial intelligence should still receive neighboring rights protection。
As far as the rights subject is concerned,In the absence of an agreement,The above rights shall belong to the users of artificial intelligence software,That is, the natural person or media legal person who produces news generated by artificial intelligence。Being an artificial intelligence software developer after all、Investor、When the user and database extractor belong to the same legal entity,The aforementioned positioning of rights subjects will not lead to unfair results;When it does not belong to the same legal entity as the user,Because of artificial intelligence software developer、Investors and database extractors neither have news reporting qualifications nor media communication capabilities,Already obtained sufficient returns when selling the right to use artificial intelligence software or database,Learn from the rule of law spirit of making the best use of everything,To maximize the effectiveness of artificial intelligence news,The above rights shall be exclusively enjoyed by users of artificial intelligence software。On the other hand,nj bet365 is produced based on the reporting needs of artificial intelligence software users;Based on legal norms and industry ethics,The user must also confirm the authenticity of the news、Responsible for legality,Follow the principle of consistency of rights and obligations,Users of artificial intelligence software should also enjoy the above rights。Of course,In case of agreement,Right ownership should usually follow the agreement。
In terms of rights content,Narrowly defined copyright content of a small number of nj bet365,No different from other narrow sense copyrights。As for the neighboring rights content of most AI-generated news,should include use(edit、Right of reporting, etc.) artificial intelligence news、The right to receive compensation when others use artificial intelligence news、The right to display the neighboring right holder’s first website address and media name when others repost artificial intelligence news。
The establishment of relevant systems is imperative
AI-generated content, including AI-generated news, has not yet been fully promoted,The demand for related copyright protection has increased day by day。Considering the legal system and foresight,The current situation of copyright legislation for nj bet365 content being relatively lagging,Urgent need for change。
among them,nj bet365 is templated because it conforms to the development laws of artificial intelligence technology,Should be the first to enter the public eye,Included into the scope of legal revision。
In addition,To better safeguard the legitimate interests of copyright owners of news generated by artificial intelligence,Except for copyright protection provided by legislation,A delayed reprinting system should also be established。After the first news about artificial intelligence generation,Other news media must wait a reasonable delay before reprinting and reporting the news,So as not to overly damage the original market advantages of the copyright owner of nj bet365。
(This article is a phased result of the Chongqing Municipal Education Commission’s key humanities and social science research project “Research on News Copyright Generated by nj bet365” (22SKGH008)
(Author’s unit: School of Journalism and nj bet365, Southwest University of Political Science and Law)
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