Artificial Intelligence Generation News Copyright Protection Path
September 08, 2022 09:03 Source: "China Social Sciences" September 8, 2022 Total 2488 Author: Meng Xiaoyang Liu Chenzheng

Artificial Intelligence Generation News is a challenging new thing in the field of copyright。Because it is different from traditional news created by natural people,It is also different from other types of artificial intelligence generating content。Other artificial intelligence generation content is protected by law,It is not affected by the factors that are not affected by the factors of "simple facts"。In an environment where the overall legal positioning of artificial intelligence generates content is not clear,The legal positioning of artificial intelligence generation news is relatively embarrassing,As a result, individual domestic jurisprudence can only be barely defined by artificial intelligence involved in the case as "legal person's work"。Facing the State Council's "New Generation Artificial Intelligence Development Plan" is planned to "preliminary establishment of artificial intelligence laws and regulations by 2025、Ethical Norms and Policy Systems "and by 2030," Build more comprehensive artificial intelligence laws and regulations、Ethical Norms and Policy Systems "strategic goals,Explore the copyright protection path of artificial intelligence generated news、Filling out the vacancy of copyright legislation in the field of artificial intelligence is imminent。

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To solve the legal protection of artificial intelligence generating news,Applying protection with narrow copyright is one of the current mainstream ideas,But aside from the individual cases, it really has a very small number of artificial intelligence generation news with a certain degree of originality,For most artificial intelligence generation news,Narrow copyright protection will cause four problems。

One,Establishing rights object。The original standard of the work is never fully objective and split with bet365 live casino games the right of rights。A piece of information must be called a work,It is difficult to reproduce the content of the content,For example, the poem that is gained by a wonderful hand,Even short space,can also become a work,Because others cannot create the same poem without contacting the work。In terms of artificial intelligence generating news practice,,Most artificial intelligence generation news lacks originality -anyone can generate similar news with the same intelligent software,The overall view of different news gives people just replace the synonym or change the factual data。If these extremely similar artificial intelligence generation news is regarded as the same work,Then a few people at different times、Use the same smart software to produce several news in different places,But you can get the narrow copyright of the same work,Conclusion is obviously ridiculous。

Its two,Analysis of the subject of rights。Positioning artificial intelligence as the point of the author or the subject of rights,Facing irreplaceable legal obstacles。Because of "unique choice、Arrangement、Design and Combination ",Is determining whether it is the author's key standard。In the broad production process of artificial intelligence generating news,Only intelligent software writing、News sample database pickup and news structure setting three behaviors。Artificial Intelligence Generation News is a product of a series of complex intellectual achievements,When these intellectual results are divided into different subjects,When a lack of sufficient reason,Only one of the aforementioned subjects becomes the subject of rights,It is not fair;,视,There is also inappropriate,Because these subjects usually do not have clear cooperation intentions。

Its three,Do a good job of benefits。Copyright has always possessed the value distribution of interests between individuals and society。Putting artificial intelligence generation news is completely incorporated Bet365 lotto review into the category of narrow copyright protection,It may be over -restricted to public information dissemination,Disclose public welfare protection,Because the current level of artificial intelligence technology determines that most artificial intelligence generates news content is mainly based on factual materials,The content outside the facts is mostly an objective judgment based on the fact material,Rarely contains thoughts or subjective expression。

Four,Philosophy of Intellectual Property Law。Artificial Intelligence Generation News is not generated completely according to the will of intelligent software users,and have a certain degree of randomness。This kind of vague will for generating works,The state of will that can only predict or conceive the general content framework of the work,Obviously different from the state of will of general works creation -can predict or conceive the overall framework and specific details of the work。Whether the intelligent software user or others may become the subject of the right to have a general sense of creative intention is unclear,It may not be appropriate to give narrow copyrights,Because it is difficult to say at this time, the work is the concrete of the author's personality。

Based on the above judgment,Narrow copyright can generate news shops for a few artificial intelligence.,But the matching of most artificial intelligence generating news is not high。

 Protection of adjacent rights is more reasonable

Applying protection with adjacent rights is another mainstream idea,Lack of exclusiveness for both,Most of the artificial intelligence that is not a pure fact message generates news,It looks more reasonable。

One,Follow the original intention and development trend of the system。Most artificial intelligence generation news, although unique,But the demand for the economic interests contained in it is indeed legitimate; at this time, the protection of neighboring rights,The original intention of the neighborhood right system is due to the lack of originality of the object and there is a bet365 live casino games reasonable economic return appeal.。At the same time,Smart software makes news clues that used to be in the past to be discovered by smart reptiles that are susceptible to manpower restrictions and easily ignored,Also filtering massive information and conveying to reporters and the public at a high speed,Protect this new type of information integration and communication carrier with adjacent rights,It is also just the development trend of the neighborhood right system that has continuously accepted the new technology product that has not been covered by narrow copyrights。

Its two,Related to the propagation object。Administrative rights subjects often use the work as the propagation object,Therefore。But in the past two decades,With the development of the copyright system,The propagation object of the main body of adjacent rights may not be the point of the work to become the mainstream,Its example is the recording of the recording of the natural scenery formed without using other people's works。Most artificial intelligence generates the objects spread by news.,But there are precedents in front,There is no obvious legal obstacle to the protection of adjacent rights to it。

Its three,A balance of interests。Constitution of "serving the people" and "serving socialist" in the journalist my country,and "Party、The political positioning of the ears and mouthpiece of the government and the people,News from Chinese media production and reporting is more oriented to public product attributes,Its communication book should not be subject to too many restrictions,so as not to cause "anti -public land tragedy"。Relatively weak due to neighboring rights,Applying neighboring rights protection is more conducive to maintaining the aforementioned positioning of my country's journalism,On this basis。

  Artificial Intelligence Generates News Copyright Right Framework Design

In terms of specific rights nature,Based on most artificial intelligence bet365 Play online games generating news, lack of originality,Only a few artificial intelligence generates news that meets the status of original standards,Only a few artificial intelligence generation news can be protected by narrow copyright,Most artificial intelligence generation news should still be protected by adjacent rights。

As far as the subject is concerned,,Under an agreed situation,The above rights should belong to artificial intelligence software users,Natural person or media legal person who produces artificial intelligence generate news。After all, when artificial intelligence software developers、Investor、When the user and the database pickup are affiliated to the same legal person,,The positioning of the aforementioned rights subject will not lead to unfair results; when it is not the subject of the same legal person as the user,Due to artificial intelligence software developers、Investors and database pickups do not have news reporting qualifications and media communication capabilities,I have obtained adequate benefits to the use of artificial intelligence software or database use rights,Learn from the spirit of the rule of law to make everything use,To make artificial intelligence pressing the maximum effect,The above rights shall be exclusive by artificial intelligence software users。On the other hand,Artificial Intelligence Generation News is produced based on reporting needs of artificial intelligence software users;,The user must also have the authenticity of the news、Legality is responsible,Follow the principle of consistency of rights and obligations,It should also be enjoyed by the user of artificial intelligence software。Of course,In an agreed situation,Rights attributable should usually follow the agreement。

As far as the content of rights is concerned,A few artificial intelligence generated news of the narrow copyright rights of the news,It is no different from other narrow copyrights。As for the content of neighboring rights for most artificial intelligence generating news,It should be used (editor、Report, etc.) The right to artificial intelligence news、The bet365 live casino games right to get paid when others use artificial intelligence news、Show the right of the neighboring owner's first website and the media name when others reproduce artificial intelligence news。

Related system creation is imperative

Artificial intelligence generation content including artificial intelligence generation news has not been fully promoted,Relevant copyright protection needs have become increasingly increased。Find and legal systemic and forward -looking,The status quo of the relative lag of copyright legislation for artificial intelligence generate content,Urgently need to change。

where,Artificial intelligence generation news is characterized by the characteristics of the development of artificial intelligence technology,It should be the first to enter the public vision,Integrated into the field of legal revision。

other,To better maintain artificial intelligence generating the legitimate interest of the main body of the news copyright,Except for the protection of copyright protection with legislation,It should also build a delayed reprint system。After the launch of artificial intelligence generation news,Other news media must be reprinted and reported during the reasonable delay period,To avoid excessive damage to the original market advantage of the copyright subject of artificial intelligence,。

  (This article is the key project of the Humanities and Social Science Research of the Chongqing Education Commission of the Chongqing Municipal Education Commission "Artificial Intelligence Genesis News Copyright Research" (22SKGH008) phased results)

(Author Unit: School of Journalism and Communication University of Southwest University of Political Science and Law)

Editor in charge: Chen Jing
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