Core Viewpoint - The article discusses the challenges of copyright infringement in the context of artificial intelligence (AI) generated and assisted content, emphasizing the need for legal frameworks to protect original creators while addressing the complexities of AI's role in content creation [1][9]. Input Stage - The controversy in the input stage revolves around the concept of "fair use," which allows limited use of copyrighted works without permission under specific conditions [2][3]. - Current copyright law in China specifies only thirteen scenarios that may qualify as "fair use," making it a stringent standard [2]. Output Stage - The determination of plagiarism in the output stage is primarily based on the principle of "substantial similarity," which is the key standard for assessing copyright infringement [3][6]. - Two main evaluation methods for substantial similarity have emerged: the overall comparison method and the abstract filtering comparison method [3][4]. Legal Cases - Notable legal cases illustrate the application of these principles, such as the "Jin Xiu Wei Yang" case, where the court found substantial similarity between the novel and multiple original works, leading to a ruling against the defendant [5]. - The "Harry Potter" case also exemplifies how courts apply the "fragmented literal infringement" theory to determine substantial similarity despite differences in the nature of the works involved [5]. AI and Copyright - Recent cases highlight the ongoing legal debates regarding AI-generated content, with courts generally maintaining that substantial similarity remains the standard for determining copyright infringement [6][9]. - The distinction between original creators and users of AI tools is crucial, as courts have shown varying opinions on whether AI-assisted creations can be considered original works [7][8]. Future Implications - The article suggests that the complexity and hidden nature of plagiarism in the digital age will increase, necessitating a more nuanced approach to copyright law that balances the protection of original works with the realities of AI technology [9].
万物皆可AI生成,法律如何界定抄袭侵权
Huan Qiu Wang Zi Xun·2025-07-05 03:36