Is using someone else's copywriting to use Sora Wensheng videos considered infringement?
2024-02-21
The first video generation model of OpenAI, Sora, has recently flooded the tech industry by throwing a piece of text into it and generating "blockbuster" level video content in minutes, with a duration of up to 60 seconds. But at the same time, this also raises new questions: Does using someone else's copy infringe upon Sora Wensheng's video? Who owns the copyright of the generated video? "Newly created content is not considered infringement, and there may be risks in repainting specific images." Regarding the copyright issue of using Sora as a literary video, Zhao Zhan, a lawyer at Beijing Jiawei Law Firm, said in an interview that the key issue lies in whether the generated video is consistent or similar to the copy, novel, and other content. If the video is generated based on the novel content, it actually constitutes infringement. "This is actually similar to the nature of adapting a novel into a film and television drama, and it infringes on the right to adapt." Professor Shenyang from the School of Journalism and Communication at Tsinghua University, in an interview with China News Finance, said that from the current situation, it is generally difficult to see which image combinations it is composed of, unless the user specifies that it is based on the screen of "Star Trek". "Painting, in this case there may be copyright issues; If it is a completely new creation, there is generally no copyright issue. There is also a viewpoint that using AI technology for cultural and educational videos can be considered as secondary creation. In recent years, the topic of short video entrepreneurship has attracted attention from all parties, and some video platforms have also explored cooperation mechanisms for entrepreneurship. For example, in 2022, Tiktok and Sohu reached a cooperation, and obtained the authorization related to the secondary creation of all self-made films and television works of Sohu. Tiktok platform and users can re edit, arrange or adapt these films and television works. In the same year, Kwai announced its cooperation with LeEco Video. Using AI technology to prevent infringement of the Wensheng video of Journey to the West? There is also a situation where the generated video can clearly identify which literary works it comes from, for example, in recent media reports, AI technology has been used to make the "Journey to the West" literary video stunning. Is this considered infringement? According to the Copyright Law of the People's Republic of China, the protection period for the publication rights and other rights of a natural person's work is the author's lifetime and fifty years after their death, ending on December 31 of the fifty year after the author's death. The author of Journey to the West passed away more than fifty years ago, so using "Sora" in Journey to the West does not infringe upon rights. A legal representative previously stated in an interview with China News Service that a principle is that if the copyright of the original work is within the protection period, it needs to be approved by the copyright owner; Outside the protection period, when the work enters the public domain, everyone can use it for re creation. It should be noted that the Copyright Law of the People's Republic of China also stipulates that the publication, performance, and production of audio and video recordings of works produced through adaptation, translation, annotation, organization, and compilation of existing works shall obtain permission from the copyright owner of the work and the copyright owner of the original work, and pay remuneration. However, the copyright of a work produced by adaptation, translation, annotation, or organization of an existing work shall be enjoyed by the person who adapted, translated, annotated, or organized it, but the exercise of copyright shall not infringe upon the copyright of the original work. A group of "selling ideas" students
Edit:Hou Wenzhe Responsible editor:WeiZe
Source:chinanews.com
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