JIANGHAN ACADEMIC ›› 2024, Vol. 43 ›› Issue (6): 5-15.doi: 10.16388/j.cnki.cn42-1843/c.2024.06.001

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Generative Artificial Intelligence and Copyright Law:Legal Challenges and Prospects

LI Yilin   

  1. Institute for International Economic and Trade Innovation and Governance,Shanghai University of International Business and Economics,Shanghai 200336
  • Received:2024-06-22 Online:2024-12-15 Published:2024-11-27

Abstract: Based on the learning of existing works,generative AI greatly reduces the cost of human creation.While existing laws can answer most of the copyright-related questions posed by generative AI,the answers may not match the expectations of creators affected by generative AI. In particular,judgments on the principle of fair use are different in courts and legal cases of different countries. In addition to the learning phase of a generative AI,the output it produces may also be copyrighted. Since the relationship between AI generated works and human authors is complex and the digital content is globally distributed,copyright rules related to generative AI need to be updated at the national and international levels,rather than relying solely on judicial precedents for clarification.

Key words: generative artificial intelligence(GAI), copyright, Copyright Law, fair use principle, machine learning

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