该如何讨论AIGC知识产权问题

Core Viewpoint - The article discusses the contentious issue of intellectual property rights related to generative artificial intelligence (AIGC), highlighting the divide between two opposing viewpoints regarding the copyrightability of AI-generated works [1][2]. Group 1: Copyrightability of AI-Generated Works - One viewpoint argues that AI-generated works should be protected under copyright law due to their appearance as works [1][3]. - The opposing viewpoint contends that AI-generated works lack the human originality required for copyright protection, as they do not involve human authorship [1][2]. - Both viewpoints center around the concept of "originality," which is crucial for determining copyright ownership [1][2]. Group 2: Legal and Practical Implications - Current copyright law does not recognize AI as having legal personality, meaning AI cannot hold or exercise copyright [2][4]. - The allocation of rights to individuals or entities other than the AI raises concerns about historical legitimacy in copyright law [2][4]. - Courts face challenges in identifying AI-generated works in copyright infringement cases, often relying on the plaintiff's claims without sufficient evidence [4][6]. Group 3: Misinterpretation of Legal Concepts - The "idea-expression" dichotomy is often misapplied in discussions about AI-generated works, leading to the erroneous conclusion that AI outputs lack originality [4][5]. - Human user prompts and AI-generated content both fall under the category of "expression," which complicates the argument against the originality of AI-generated works [6][5]. - A comprehensive discussion on AIGC intellectual property issues requires acknowledging that AI lacks legal personality and differentiating between various application scenarios [6][6].