Path of copyright protection for artificial intelligence generating news

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, but also different from other types of artificial intelligence. Other artificial intelligence generation content is protected by law and is not affected by whether it belongs to the factors of "simple facts". Under the environment where the overall legal positioning of artificial intelligence generates is not clear, the legal positioning of artificial intelligence generating news is relatively embarrassing, so that individual domestic cases can only barely define the artificial intelligence generation news involved in the case as "legal person's work". In the face of the State Council's "New Generation Artificial Intelligence Development Plan" plan to "initially establish artificial intelligence laws and regulations, ethical norms and policy systems" and "build more comprehensive artificial intelligence laws, regulations, and policy systems" by 2030 Strategic goals, exploring the copyright protection path of artificial intelligence generation news, and filling the vacancy of copyright legislation in the field of artificial intelligence.

Narrow copyright protection is not high

In order to solve the legal protection problem of artificial intelligence generating news, the protection of narrow copyright protection is one of the current mainstream ideas, but aside from individual cases, a very small number of artificial intelligence generates news, which has a certain degree of originality. In the case of narrow copyright protection, four issues have caused four problems.

First, establish rights objects. The original standard of the work has never been completely objective and split with the subject of rights. A paragraph of information is called a work, and it needs to be difficult to reproduce. For example, the poetry that happens to be a good hand can become a work even if the length is short, because others cannot create the same poetry without contacting the work. As far as the current status of artificial intelligence generates news practice, most artificial intelligence generates news lack of originality -anyone can generate similar news with the same intelligent software. The overall perception of different news gives people only replaced my synonyms or changed the factual data. If these extremely similar artificial intelligence generation news is regarded as the same work, several people can use the same smart software to produce several news at different times and locations, but they can get the narrow copyright of the same work. The conclusion is obviously ridiculous.

Second, distinguish the subject of rights. Positioning artificial intelligence as the author or the subject of rights is facing an irreplaceable jurisprudence. Because "unique choices, arrangements, design and combinations" are the key criteria for determining whether the author. In the broad production process of artificial intelligence generating news, only three behaviors of intelligent software writing, news sample database pickup and news structure settings are in line with this standard. Artificial intelligence generation news is a product of a series of complex intellectual achievements. When these intellectual achievements belong to different subjects, they only make one of the aforementioned subjects become the subject of rights without sufficient reasons. Both have become the subject of rights, that is, the news of artificial intelligence generation news is also inappropriate, because these subjects usually do not have clear cooperation intentions.

Third, do a good job of benefits. Copyright has always had the value of balanced interests between individuals and society. Incorporating artificial intelligence generating news is completely incorporated into the category of narrow copyright protection, it may overly restrict public information dissemination, which is not conducive to public welfare protection, because the current level of artificial intelligence technology determines that most artificial intelligence generates news content. Most of the objective judgments based on the facts of the facts, rarely contain thoughts or subjective expression.

Fourth, it involves the philosophy of intellectual property law. Artificial intelligence generation news is not completely generated according to the will of intelligent software users, but a certain degree of randomness. This kind of vague will for generating works that can only predict or conceive the general content framework of the work, which is obviously different from the state of will of general works creation -a state of will to predict or conceive the overall framework and specific details of the work. When smart software users or other people may become the subject of rights, whether the creative intention in the general sense is not clear, it may not be appropriate to give a narrow copyright right, because it is difficult to say at this time that the work is the simulatory of the author's personality.

Based on the above judgments, narrow copyrights can generate news shops for a few artificial intelligence, but they are not highly fit with most artificial intelligence.

Protection of adjacent rights is more reasonable

Protection of adjacent rights is another mainstream idea. It seems reasonable for most artificial intelligence that lacks its originality and does not belong to most of the facts.

First, pay attention to the original intention and development trend of the system design. Although most artificial intelligence generates news, although uniqueness, but the subject of the rights of the rights of the economic interests is indeed legitimate; at this time, the protection of neighboring rights is given to the neighborhood right system. The original intention of the person. At the same time, smart software has discovered the news clues that have been restricted by manpower restrictions and are susceptible to neglected. The smart crawler is also found. Massive information is also screened and transported to reporters and the public at a high speed. Administrative rights systems have continuously accepted the development trend of new technology products that have not been covered by narrow copyrights.

Second, it is related to the object of communication. The main body of adjacent rights is often used by the work as the object, so the right is once known as the "right of the work of the work." However, in the past two decades, with the development of the copyright system, the propaganda object of the right of neighboring rights may not be the mainstream of the work. Its example is the recorder's right to directly record the natural scenery of the natural scenery without using the works of others. Most artificial intelligence generates the objects spread by the news of the news. It may be difficult to be identified as a work, but there is a precedent, and there is no obvious legal barrier to the protection of neighborhood rights. Third, realize the balance of interests. Under the political positioning of "serving the people" and "serving the people" and "serving the people" in my country, and the political positioning of the "party, government, and people's ears and mouthpieces", the news and reporting of Chinese media production and reports are more inclined to public product attributes. The transmission book should not be subject to too many restrictions, so as not to cause "anti -public tragedy". Due to the relatively weak exclusiveness of neighborhoods, the protection of neighboring rights is more conducive to maintaining the aforementioned positioning of my country's journalism, and on this basis, the interest balance between individuals and society is achieved.

Design of copyright rights for artificial intelligence generation news

As far as the nature of the specific rights is concerned, based on most artificial intelligence 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. Accept the protection of adjacent rights.

As far as the subject is concerned, in the case of no agreement, the above rights should be attributed to artificial intelligence software users, that is, a natural person or media legal person who produces artificial intelligence generating news. After all, when artificial intelligence software developers, investors, users, and database pickups belong to the same legal person, the aforementioned subject positioning will not lead to unfair results; when it is not the subject of the same legal person as users, due to artificial intelligence software development due to artificial intelligence software development Investors, investors and database pickups do not have the ability of news report qualifications and media communication, they have also obtained adequate benefits to the use of artificial intelligence software or database use rights. Pressing the maximum effectiveness, the above rights should be exclusively used by artificial intelligence software users. On the other hand, artificial intelligence generation news is produced based on the needs of artificial intelligence software users; based on legal norms and industry moral norms, the user must also be responsible for the authenticity and legitimacy of the news, and follow the principle of consistent with rights and obligations. It should also be enjoyed by artificial intelligence users. Of course, in an agreement, the ownership of rights should usually follow the agreement.

As far as the content of rights is concerned, the content of the narrow copyright rights of a small number of artificial intelligence generation news is no different from other narrow copyrights. As for the content of neighboring rights for most artificial intelligence generating news, the right to use (edit, report, etc.) of artificial intelligence should be included, the right to get paid when others use artificial intelligence news, and display the neighboring owner when others reproduce the artificial intelligence news. The right of the first website and the media name.

Relevant system creation is imperative

The content of artificial intelligence, including artificial intelligence generation news, has not been fully promoted, and the demand for related copyright protection has become increasing. Thinking of the systemic and forward -looking legal, the status quo of the relative lagging of copyright legislation for artificial intelligence generates content is urgent.

Among them, artificial intelligence generation news should be the first to enter the public's vision due to the characteristics of the formation of artificial intelligence technology development laws and incorporate them into the field of legal amendments.

In addition, in order to better safeguard the legitimate interests of artificial intelligence generating news copyrights, in addition to providing copyright protection with legislation, a delayed reprint system should be constructed. After the launch of artificial intelligence generation news, other news media must be reproduced and reported during a reasonable delay to avoid excessive damage to the original market advantages of the copyright subject of artificial intelligence generating news.

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

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

Source: China Social Science Network-Journal of Social Sciences of China

Author: Meng Xiaoyang Liu Chenzheng

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