Demystify! AI writing software is frequently available, who owns the copyright of the article?

2020-08-03 00:44:18 0 Comment 2753 views
abstract

Although Baidu's AI annual conference was splashed with cold water, it is undeniable that the next era will be the era of AI. Since the top chess play

Although Baidu’s AI annual conference was splashed with cold water, it is undeniable that the next era is the era of AI.

Demystify! AI writing software is frequently available, who owns the copyright of the article?


Demystify! AI writing software is frequently available, who owns the copyright of the article?


From top chess player Ke Jie Starting to cry by AlphaGo, we can’t help but realize: the power of artificial intelligence is too powerful.

1. The era of artificial intelligence writing has arrived

Google is undoubtedly the pioneer in the field of artificial intelligence: AlphaGo, intelligent assistant, PoemPortraits...Every one is amazing.

"Poem Portraits"/PoemPortraits is an application jointly launched by Google Art and Culture Lab. It can create poems based on entries provided by users as themes, and combine them with selfies to finally create Poetry portrait of the same name.

In simple terms, it is similar to the ancients looking at pictures and making poems.

Someone used Cai Xukun’s photo and the English word "basketball" to create something, and the result is this:


Demystify! AI writing software is frequently available, who owns the copyright of the article?


This basketball was before the fire of the world,

The serendipity of the sun, which the cloud.

This basketball, there was before the thunder and the earth,

The fate of the sun , Is the cloud.


Demystify! AI writing software is frequently available, who owns the copyright of the article?


Reuse Wu Yifan After matching the keyword "noodle", the result given is:

This noodle of the mighty deep and the opening,

My gum and hollow the wild stars and the shadows.

This face is big and wide.

My chewing gum, empty and wild star,

Draw shadows.

Is there something magical?

Google's "Poetry Portrait" software is currently the most "literary talent" writing software on the market, but in fact, in addition to this one, many writing AIs have been developed one after another.

Then the question is, who owns the copyright of what AI writes?

2. Copyright ownership in the AI ​​era

At the end of 2018, the Beijing Internet Court heard an AI copyrightAttribution case.

On September 9, 2018, the plaintiff Beijing Film Law Firm published an article titled "Judicial Big Data Analysis Report on Film and Television Entertainment Industry" on its official account. On the second day of the article’s release, the netizen "Golden Sage" published the above article on the Baijiahao, a platform for content publishing, content monetization and fan relations operated by Baidu. The signature and closing paragraph of the article have been deleted.

Film Law Firm believes that Baidu Company published the articles involved in the case on the Baijiahao platform operated by it without permission, infringing the plaintiff’s right of information network dissemination. The defendant deleted the first and last paragraphs of the article involved, which violated the plaintiff's right to protect the integrity of the work. The defendant deleted the signature, which violated the plaintiff's signature right. The defendant’s infringement caused economic losses to the plaintiff, so the plaintiff brought a lawsuit to the court and asked the court to order the defendant to apologizeEliminate the impact and issue an apology statement on the Baijiahao platform; the defendant compensates the plaintiff with 10,000 yuan and a reasonable expenditure of 560 yuan; the case acceptance fee shall be borne by the defendant.

Baidu responded that the article involved was analyzed by data software and was not obtained through labor creation. The plaintiff has no copyright to the article.

This case can be called a milestone event in my country's copyright case. The case involves whether articles generated using artificial intelligence and big data should be protected by copyright law, so it has attracted attention from all walks of life.

my country’s current "Copyright Law" stipulates that works created by natural persons shall be protected by copyright law.

And this case involves artificial intelligence, so both the plaintiff and the defendant broke out fierce discussions on whether the creative process is original or not, and this issue does exist in legal disputes.

The trial judge later stated that the case involved copyright protectionA frontier issue is whether the work is created by a natural person, whether the work enjoys copyright, who will enjoy the copyright, and whether it can be protected by copyright law, etc. These are all issues that the court needs to explore and resolve when hearing cases.

Finally, in April 2019, the court made a first-instance judgment and found that the defendant had infringed his right to authorship, but the plaintiff’s right to protect the integrity of the work was not supported.

3. Does artificial intelligence have copyright?

Whether artificial intelligence has copyright is still controversial in my country.

First, from the perspective of the definition of the right holder, Article 9 of my country’s "Copyright Law" stipulates the copyright holder and its right ownership:

The copyright holder includes: the author, and others are based on thisCitizens, legal persons and other organizations that have rights under the law.

This article clearly states that the copyright owner should be a natural person, and artificial intelligence is obviously not a natural person.

Secondly, from the perspective of content production process, my country’s "Copyright Law" stipulates that copyrighted works must be original and intellectual achievements that can be copied in some tangible form.

The content generated by artificial intelligence is the result of applying algorithms, rules and templates, not the creation of natural human intelligence.

However, this issue is still controversial.

There is a famous case in the field of intellectual property. A monkey took a photo of himself with a photographer’s camera. Does this photo belong to the monkey, the camera owner, or the producer?

This problem coincides with the current AI writing problem, but the future is the era of AI, humanHow to get along with AI? How should the law be defined? There is still a long way to go. ——He Cai Technology

Note: Part of the content comes from "Netease Intelligence" and "Beijing Youth Daily"

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