Addressing the Challenges of Copyright Governance in the AI Era

2024-05-15

Along with the rapid development of the artificial intelligence industry, there have also been many copyright disputes. Recently, the "Copyright Governance and Art Development in the AI Era" themed forum, organized by Communication University of China and other institutions, focused on solving copyright issues related to artificial intelligence, sparking heated discussions in the industry. In the era of AI, AIGC (Generative Artificial Intelligence) is ubiquitous, and novels, poetry... everything can be imitated and everything can be generated. Even by inputting a script, a TV series can be directly generated through AIGC. This poses new challenges to copyright protection. Nowadays, while the artificial intelligence industry is thriving in cities such as Beijing, Shanghai, and Shenzhen, corresponding copyright disputes are also increasing. From the "first case in AI writing field" settled four years ago in Shenzhen, to the recent judgment of the Guangzhou Internet Court on the infringement of others' copyright by generative AI services, legal disputes over AI copyright have become increasingly common, and it is urgent to explore effective ways of copyright governance. Of particular concern is the field of art. Some criminals may use AIGC technology to replicate, tamper with, or steal works of relatively high value in the market, in order to obtain unfair benefits. Due to the diversity of artistic creation, determining whether an AIGC generated artwork constitutes infringement often requires deeper investigation and more professional legal judgment, which makes copyright protection more difficult in practical operation. So, how should works generated by artificial intelligence be protected? From a technical perspective, digital watermarking technology can be adopted. When an AIGC infringement dispute occurs, the source of the content can be traced by identifying the digital watermark information in the work. Identify works and copyright owners, verify the authenticity of works, and achieve copyright confirmation. From a legal perspective, judicial organs need to be based on the characteristics of the times and enhance their supervisory capabilities through big data empowerment. At the same time, it is necessary to solve the infringement problem of digital products and carry out comprehensive governance. A multi-party cooperation, multi-level, and all-round infringement detection and crackdown mechanism can be established. For example, the government needs to regulate the online environment, ban and shut down illegal websites engaged in infringement activities, in order to greatly combat piracy. In addition, the original author should also have the ability to protect their legitimate rights and interests, such as promptly removing viruses from computers and other items, and leaving the original proof of the work, in order to provide reasonable evidence to protect their rights when necessary. In addition, regarding the issue of AIGC copyright protection in art, it should be soberly recognized that with the continuous development of AIGC technology, the boundaries of artistic creation are gradually becoming blurred. This brings greater uncertainty to copyright protection. Therefore, in the era of AI, it is necessary to find new methods to identify and regulate infringement behavior. Artists, art institutions, and related enterprises also need to adapt to the changes in the industrial ecosystem, actively explore new business models and development paths. At the same time, the intellectual property system must adapt to new realities and challenges, and form intellectual property governance concepts and norms that meet the expectations of industries and various parties. (Lai Xin She)

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