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三个视角厘清“人机共创”(纵横)
Ren Min Ri Bao· 2025-09-28 22:28
Core Viewpoint - The article discusses the legal implications of AI-generated content, emphasizing that under current Chinese law, AI is not recognized as a creator and thus cannot bear legal responsibility for infringement. All consequences of AI creations fall on human creators [1][2]. Group 1: Legal Framework - The first truth revealed by the courts is that AI has never been granted "creator" status within the existing legal framework in China, meaning it is merely an extension of human tools. Therefore, AI lacks "autonomous responsibility," and humans must bear the consequences of AI-generated content [1]. - The courts have established clear boundaries: if AI is used to commit fraud, it is treated as "human fraud"; if AI is used for innovation, it is protected as "human innovation." The core standard for this distinction is whether there is "original expression" by a human [1]. Group 2: Human-AI Collaboration - The second truth is that while AI can create a framework for creativity, it cannot fill it with the essence of thought. A designer's experience illustrates that AI struggles to capture nuanced cultural concepts, such as the balance of softness and strength in traditional Chinese furniture design [2]. - The third truth highlights that AI-generated content relies on human-created "ingredients," which are rooted in human original rights. This emphasizes the need for AI training to be more regulated to protect original creators [2]. Group 3: Technological Solutions - To protect original works, companies are exploring technological solutions such as digital watermarking to embed invisible markers in original content and blockchain technology to document creation details, which can help clarify the source of content even when used for AI training [2]. - The concept of "human-AI co-creation" is framed not as a struggle for dominance but as a means for humans to expand creative boundaries with AI assistance. Embracing AI's benefits while ensuring legal, institutional, and technological protections for original content is essential for sustainable development in the creative industry [2].