Let new things on the internet grow healthily along the track of the rule of law (Jin Tai Rui Review)
2023-05-25
Recently, "AI Singer" has become a hot topic on the internet. After training, AI can imitate the unique timbre and singing style of "celebrity singers" and cover many well-known songs. The performance is lifelike and lifelike, which has been highly sought after by many netizens. While "AI Singer" has become popular on the internet, the legal issues involved have also sparked widespread discussion. Is it an infringement for 'AI singers' to cover someone else's songs?' has become an unavoidable issue in the creation and performance of 'AI singers'. The singing of a song by an AI singer may first involve the copyright of the songwriter. According to the relevant provisions of the Copyright Law, except for the "reasonable use" of a work published by others for personal learning, research, or appreciation, using a work without the permission of the copyright owner may constitute infringement. Even for "reasonable use", the name of the author or the name of the work should be specified, and it should not affect the normal use of the work, and it must also reasonably harm the legitimate rights and interests of the copyright owner. In addition, if the "AI singer" involves the singer singing the original sound of a certain song, it may also infringe on the singer's performer rights. AI singers may also involve the protection of voice related rights. The Civil Code stipulates that the protection of the voice of natural persons shall refer to the relevant provisions on the protection of portrait rights. For the right of portrait, according to the Civil Code, except for personal learning, artistic appreciation, classroom teaching or scientific research, and news reporting, without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used, or made public. From this, it can be seen that "AI singers" using others' voices to perform songs and publicly playing them on online platforms, especially in some profit-making situations such as "coin based rewards", may constitute infringement of copyright, performer's rights, sound rights, etc. Therefore, in response to this emerging form of online creation, targeted measures should be taken in a timely manner to help prevent legal risks as much as possible and ensure its healthy growth along the track of the rule of law. Relevant departments should refine and improve relevant rules and clarify behavioral guidelines. For this type of new network product, relevant departments need to further refine regulatory rules, eliminate ambiguous areas, and clarify the boundaries of laws and regulations. Creators should also active learning relevant legal rules and copyright rules to prevent legal risks. Artificial intelligence is a new thing, and creators of audio and video works should proactively understand the legal boundaries in advance to avoid negative cases of illegal infringement caused by works that originally had both innovative consciousness and artistic value. As the first responsible person for information content management, online platforms should implement their main responsibilities, strengthen copyright promotion and proactive supervision. If "AI singers" on the platform are involved in infringement, they should be promptly discovered and dealt with. As an audience, one should also consciously respect and abide by the law. For example, on a certain video website, there are currently "AI singer" videos that have been reported as infringing and taken off the shelves, but there are still netizens who will upload the infringing works that were saved in advance for others to watch. We should consciously resist such infringement behavior. Faced with the emergence and popularization of new technologies, we need to further enhance our awareness of the rule of law and hold onto the legal bottom line. By clarifying legal boundaries, refining regulatory rules, and promoting comprehensive
Edit:Zhou Shu Responsible editor:Wang Chen
Source:People.cn
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