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Original Research

IMPROVEMENT OF FAIR USE SYSTEM IN CHINA’S COPYRIGHT LAW UNDER ARTIFICIAL INTELLIGENCE CREATION

Dr. LI XIANG 1, XIA XUEMIN 2, and LAN CHUNJIE 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10848009   |   Author Affiliation: College of Communication and Art Design, University of Shanghai for Science and Technology, Shanghai, China 1; School of Environment and Architecture, University of Shanghai for Science and Technology, Shanghai, China 2; School of Economic Law, Shanghai University of political science and Law, Shanghai, China 3.   |   Licensing: CC 4.0   |   Pg no: 211-220   |   Published on: 07-03-2024

Abstract

Artificial intelligence (AI) creations involves the training of algorithms on extensive datasets, enabling these systems to identify patterns and characteristics within the data. Consequently, AI can rapidly generate new creations based on the learned models. This evolution not only heralds a transformation in the paradigm of creation but also presents significant challenges to existing copyright fair use regulations. The application of fair use provisions to AI-generated content has highlighted several conceptual, institutional, and practical dilemmas. Therefore, it is critical to formulate a nuanced strategy to refine copyright fair use guidelines to address these challenges effectively. To begin with, there should be a broadening in the interpretation of the "personal use" provision to accommodate the nuances of AI-driven creations. Furthermore, transitioning from a granular, step-by-step analysis of fair use to a more comprehensive and holistic evaluation is crucial. Additionally, the integration of specific exemption clauses designed for AI-generated content is imperative. Finally, it is essential to explore the establishment of a taxation framework tailored to artificial intelligence to ensure that the benefits of AI creations are shared equitably and that creators are appropriately compensated. This approach will ensure that copyright laws evolve in tandem with technological advancements, safeguarding the interests of all stakeholders in the digital age.


Keywords

Artificial Intelligent Creation, Copyright, Fair Use Rules, Algorithm Author, Artificial Intelligence Taxation System.