Is your AI-generated creature infringing?

　　The result of such unbalanced development is bound to be: constant copyright disputes and disputes, which restricts the further development of AI. If we do not give certain appropriate copyright protection to AI-generated products and allow people to use them at will, even for commercial applications, it will inevitably severely dampen and reduce the enthusiasm of AI investors and developers, and affect the innovative creation of AI works and the development of the AI industry. Have a negative impact. At the same time, since a large amount of traditional materials are used in the development process of AI products, without proper copyright protection, the impact on traditional industries (painting, video, entertainment...) will also have a profound impact.

　　In the process of learning artificial intelligence, I also came into contact with AI creation. The pictures in the article were generated by myself through AI. We can use AI not only to create design pictures, but also in video, music and other fields. This article tries to explore the copyright issues of Ai works.

1.1. What is copyright?

"Copyright Law of the People's Republic of China"

Chapter 6 Article 62 The copyright referred to in this Law is copyright.

1.2. What is a work?

Work definition:

"Implementation Regulations of the Copyright Law of the People's Republic of China"

Article 2 "Works" as mentioned in the Copyright Law refer to intellectual achievements in the fields of literature, art and science that are original and can be reproduced in some tangible form.

1.3. What is creation?

Definition of creation:

"Implementation Regulations of the Copyright Law of the People's Republic of China"

　　Article 3 Creation as mentioned in the Copyright Law refers to intellectual activities that directly produce literary, artistic and scientific works.

　　Organizing work for others’ creations, providing consultation opinions, material conditions, or performing other auxiliary work are not considered creations.

1.4. What is portrait right?

Definition of portrait rights:

Chapter 4 of the Civil Code of the People's Republic of China: Portrait Rights

　　Article 1018: Natural persons enjoy the right of portrait and have the right to make, use, disclose or permit others to use their own portrait in accordance with the law.

A portrait is an identifiable external image of a specific natural person reflected on a certain carrier through images, sculptures, paintings, etc.

1.5. What is reputation?

reputation definition:

"Civil Code of the People's Republic of China" Chapter 5 Right of Reputation and Right of Honor

　　Article 1024: Civil subjects enjoy the right of reputation. No organization or individual may infringe on the reputation rights of others by insulting, slandering, etc.

　　Reputation is the social evaluation of a civil subject’s moral character, reputation, talent, credit, etc.

2. Do works generated by AI have copyright? If so, to whom should the copyright belong?

　　According to the legal provisions of different countries and regions, it is controversial whether AI-generated works have copyright.

　　Some countries believe that AI-generated works should be considered the result of automatic creation and therefore should be granted copyright;

Some countries believe that AI is actually programmed and designed by humans, so the works generated by AI should be copyrighted by their producers.

　　The AI tools at the current stage are created according to the needs of users through model training and a large amount of learning materials. In this process, it is inevitable that some works will be produced that are similar to the original works, and will encounter resistance from some original authors.

　　It is reported that "thousands of painters from ArtStation, a world-renowned visual art website, launched a boycott to prohibit users from putting their paintings into the AI painting system. ArtStation believes that allowing the system to learn to imitate paintings is an infringement of copyright."

　　In terms of practical application, it is still difficult to determine whether AI paintings constitute infringement of the copyright of other artists. In order to avoid copyright risks, large paid libraries such as Getty Images and Shutterstock no longer accept AI paintings generated by Stable Diffusion, Midjourney, etc. "

　　With the advancement of technology, AI has posed new challenges to the intellectual property system. AI creation requires a huge database of human works as training samples. The algorithm uses a large number of algorithms to learn the creative styles and content themes of existing works to produce corresponding AI works. When AI creates its own paintings, articles, animations, songs, etc., how is its copyright defined?

　　The copyright issue of AI creation involves two aspects:

　　　　First, the content created by AI involves infringement of other people’s copyrights.

　　　　Second, the content created by AI is infringed by others even though it is protected by copyright.

　　According to copyright law, if AI-created works are used for personal study and research purposes, they can constitute fair use and will not constitute infringement.

　　This involves the ownership of the users of AI works that may have infringement issues, whether it is the AI itself or the actor behind the AI who is using it. Subjects who may claim rights to AI creations may include the AI inventor, the company to which the AI belongs or its investors, or the specific operator of the AI, etc. They may all be the persons claiming rights. There is still disagreement on whether the corresponding behaviors of these people are in line with the purpose of personal learning and appreciation.

　　In May 2019, the first dispute case involving AI creation copyright occurred in China. The AI creation content was ruled not to have copyright.

　　Works created by AI, including AI singers and AI paintings, are in this embarrassing situation today. Ultimately, it is because our legal development lags behind the development of AI.

　　In any case, the copyright issues of AI-generated works need to be evaluated based on the actual situation and determined in accordance with applicable legal regulations. In some cases, copyright may be assigned to the producer of the AI, while in other cases, copyright may be assigned to the user or owner of the AI-generated work.

　　With the rapid development of AI and the popularization of AIGC, a large number of AI works have been created. However, in this process, we have neither stipulated what AI can learn nor what AI cannot learn. There are no clear legal protections and guidelines for works generated by AI. The inevitable result of such unbalanced development is: constant copyright disputes and disputes, which restricts the further development of AI. If we do not give certain appropriate copyright protection to AI-generated products and allow people to use them at will, even for commercial applications, it will inevitably severely dampen and reduce the enthusiasm of AI investors and developers, and affect the innovative creation of AI works and the development of the AI industry. Have a negative impact. At the same time, since a large amount of traditional materials are used in the development process of AI products, without proper copyright protection, the impact on traditional industries (painting, video, entertainment...) will also have a profound impact.

3. If AI uses copyrighted materials (such as songs by famous singers) when learning, is it an infringement? Why?

　　If copyrighted materials are used during AI learning, whether it is an infringement or not? This question needs to be divided into two situations to judge.

3.1. No infringement

　　When AI is learning, the training materials used are some licensed or public domain materials, such as pictures, literary works or free copyright music, videos, etc. in the public domain, or the author has made it clear that they are free within the scope of their permission. Various materials used.

　　Or when AI is learning, it uses relevant copyrighted materials by purchasing them, or uses copyrighted materials that are legally authorized by the copyright owner of the copyrighted materials. At the same time, the entire creation process abides by various relevant legal regulations, so that the AI works generated will not cause any problems. infringement.

　　According to Section 4 of the Copyright Law, Limitations on Rights, Article 24, if AI-created works are used for personal study and research purposes, they can constitute fair use, which means they will not constitute infringement. Therefore, if during the entire process, you only learn to use it for your own purposes, and at the same time comply with various relevant legal regulations throughout the entire creation process, without any other copying or sharing, it should not be considered a violation of infringement.

　　Otherwise, using unauthorized copyright materials may lead to legal disputes over copyright infringement.

3.2. There is any infringement

　　Copyright is a legal right to protect works, including literature, artistic works, music, movies, etc. Only the copyright holder or with their authorization may use, copy, and distribute these copyrighted works. If unauthorized copyrighted material (such as songs by famous singers) is used in the learning process, it is a violation of the rights of the copyright holder.

　　Take the recently popular AI singer as an example. Developers use songs of well-known singers as training materials to sing songs of other singers. Do such "AI singers" infringe their rights? Some people think that AI uses the voice of a well-known singer for training without authorization, which is an infringement; some people think that AI learns the singer's voice, rather than directly copying it, and the AI sings is not the singer's own work, which is a result of learning. Re-creation does not involve infringement.

　　The copyright ownership of AI singers may be different, depending on the creator and singer of the song.

　　If it is an original work generated by AI, the copyright may belong to the developer or user of the AI creation program.

　　If AI simulates the singing voice of an existing singer, the copyright may belong to the copyright owner of the original song and the user of the AI technology.

　　In short, the copyright ownership of AI singers needs to be determined based on specific circumstances.

　　However, if unauthorized copyright materials are used during AI learning, it is an infringement.

　　The reasons are as follows:

3.2.1. Without the permission of the copyright owner

The use of copyrighted materials for artificial intelligence training during AI learning does not require the permission of the copyright owner.

In "Interpretation of Copyright Law of the People's Republic of China":

　　Copyright is an exclusive right granted to the author. That is, once this right is owned by someone, other people must obtain permission from the copyright owner if they want to use the work that generates this right.

　　Section 4 - Restrictions on Rights - Article 24 of the Copyright Law of the People's Republic of China describes several situations in which copyright works can be reasonably used without the permission of the copyright owner. However, if it is used for artificial intelligence training, it is obviously not applicable to any situation of fair use, nor is it applicable to the legal permission stipulated in the "Copyright Law". Therefore, it is necessary to obtain the relevant copyrights of the lyrics, music, and recording producers, etc. It can only be used with the consent of the rights holder.

　　Although some countries in the world have now increased the data training used for artificial intelligence to the scope of fair use, they also have relevant clear conditions.

　　my country's Copyright Law and related laws and regulations have not yet added provisions related to artificial intelligence data training.

　　Therefore, if we use copyrighted works privately for artificial intelligence training, it is obviously a violation of the copyright of the copyrighted work without the authorization of the relevant rights holder.

　　Article 10 of the "Copyright Law of the People's Republic of China" Copyright includes the following personal rights and property rights:

(5) The right to reproduce, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc.;

3.2.2. Involving infringement of audio and video rights

　　If the copyrighted material used in AI learning is a musical work, without obtaining permission from the copyright owner and paying remuneration, it will infringe the copyright owner's right to audio and video recording. For example, the copyright of lyrics/composition works, the performer's rights of singers, and the sound producer's rights of audio and video producers.

"Copyright Law of the People's Republic of China" Section 3 Audio and Video Recordings

Article 42: Producers of audio and video recordings that use the works of others to produce audio and video recordings must obtain permission from the copyright owner and pay remuneration.

A sound recording producer who uses a musical work that has been legally recorded as a sound recording by others may make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations; any use that the copyright owner declares prohibits the use shall not be allowed.

Article 43 When producing audio and video products, the producer of audio and video recordings shall conclude a contract with the performer and pay remuneration.

Article 44 Producers of audio and video recordings have the right to permit others to copy, distribute, rent, and disseminate to the public through information networks and receive remuneration for the audio and video recordings they produce; the protection period of the rights is fifty years, ending on that date. December 31, the fiftieth year after the product was first made.

A licensee who reproduces, distributes or disseminates audio and video recordings to the public through information networks must obtain permission from the copyright holder and performer and pay remuneration; a licensee who rents audio and video recordings must also obtain permission from the performer and pay remuneration.

Article 45: If a sound recording is used for public dissemination by wire or wireless, or is publicly broadcast to the public through technical equipment for transmitting sound, remuneration shall be paid to the producer of the sound recording.

3.2.3. Infringement of the copyright of the music dubbing works used

　　If the copyrighted material used in AI learning is a musical work, such as background music, accompaniment, soundtrack, lyrics, etc., it may infringe the copyright of the musical work.

"Interpretation of Copyright Law of the People's Republic of China"

　　Musical works refer to works that appear in the form of musical scores or not in the form of musical scores and can be performed or sung with a tune. The basic means of expression are melody and rhythm, such as symphonies, songs, etc. One issue that needs to be paid attention to in musical works is: if the tune is used in conjunction with the music, the tune is included in the musical work. If the tune is used in conjunction with the music, it can also be included in the written work. within.

3.2.4. Infringement of the singer’s “voice rights”

　　If the copyrighted material used in AI learning belongs to a singer’s voice, without permission, the singer’s “right of voice” will be infringed.

"Right of voice":

　　According to Articles 1019 and 1023 of the Civil Code, the voice of a natural person is protected by reference to the right of portrait, which is commonly known as the “right of voice.” Forging the voice of a natural person by technical means constitutes an infringement. No natural person's voice may be produced, used, or disclosed without the natural person's consent.

　　Article 1019: No organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law.

　　Without the consent of the portrait right holder, the right holder of the portrait work shall not use or make public the portrait of the portrait right holder through publication, reproduction, distribution, rental, exhibition, etc.

Civil Code

　　Article 1023: Regarding the permitted use of names, etc., refer to the relevant provisions on the permitted use of portraits.

　　For the protection of natural persons’ voices, refer to the relevant provisions on the protection of portrait rights.

3.2.5. Infringement of the singer’s portrait rights

　　If the copyrighted material used in AI learning is the portrait of a certain singer, the singer's portrait rights will be infringed without permission.

Civil Code

　　Article 1019: No organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law.

　　Without the consent of the portrait right holder, the right holder of the portrait work shall not use or make public the portrait of the portrait right holder through publication, reproduction, distribution, rental, exhibition, etc.

"Civil Code" stipulates

Chapter 5 Civil Rights

　　Article 110: Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights.

　　Chapter 4 Portrait Rights

　　Article 1018: Natural persons enjoy the right of portrait and have the right to make, use, disclose or permit others to use their own portrait in accordance with the law.

　　A portrait is an identifiable external image of a specific natural person reflected on a certain carrier through images, sculptures, paintings, etc.

　　Article 1019: No organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law.

　　Without the consent of the portrait right holder, the right holder of the portrait work shall not use or make public the portrait of the portrait right holder through publication, reproduction, distribution, rental, exhibition, etc.

　　Article 1020: Those who reasonably perform the following acts may do so without the consent of the portrait right holder:

　　(1) For personal study, art appreciation, classroom teaching or scientific research, use the public portrait of the portrait owner within the necessary scope;

　　(2) For the purpose of news reporting, it is unavoidable to produce, use, and disclose the portrait of the person with the right to portrait;

　　(3) In order to perform their duties in accordance with the law, state agencies shall produce, use and disclose the portrait of the person with the right to portrait within the necessary scope;

　　(4) In order to display a specific public environment, it is inevitable to produce, use and disclose the portrait of the portrait owner;

　　(5) Other acts of producing, using, and disclosing the portrait of the portrait right holder in order to safeguard public interests or the legitimate rights and interests of the portrait right holder.

　　Article 1021: If the parties have a dispute over the understanding of the portrait use terms in the portrait licensing contract, an interpretation that is favorable to the portrait right holder shall be made.

　　Article 1022: If the parties have not agreed on the term of the portrait license or the agreement is unclear, either party may terminate the portrait license contract at any time, but must notify the other party before a reasonable period of time.

　　If the parties have a clear agreement on the term of the portrait license, and the portrait right holder has legitimate reasons, he may terminate the portrait license contract, but the other party must be notified before a reasonable period of time. If the other party suffers losses due to the termination of the contract, the loss shall be compensated unless there are reasons that cannot be attributed to the portrait right holder.

　　Article 1023: Regarding the permitted use of names, etc., refer to the relevant provisions on the permitted use of portraits.

3.2.6. Infringement of the singer’s personal information rights

　　If the copyrighted material used in AI learning belongs to a certain singer, without permission, the singer's personal information rights will be infringed.

　　Personal information is a variety of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, phone number, email address, health information, whereabouts information, etc.

　　For example, a singer's voice is released based on his or her own wishes when releasing and singing musical works to the public, but the singer's personal information is only used by the public and relevant entities within the scope of viewing and appreciating the singer's musical works.

　　Therefore, if the singer's voice is used privately without his or her authorization and consent, and his voiceprint data is extracted for AI learning and training, it is a private use of sensitive personal information and infringes upon the singer's personal information security rights.

personal information:

　　The "Personal Information Protection Law" and the "Information Security Technology Personal Information Security Specifications" (35273) stipulate that personal biometric information is personal sensitive information, and voiceprints are personal biometric information.

"Personal Information Protection Law of the People's Republic of China"

Article 4 Personal information refers to various information related to identified or identifiable natural persons recorded electronically or by other means, excluding anonymized information.

The processing of personal information includes the collection, storage, use, processing, transmission, provision, disclosure, deletion, etc. of personal information.

　　Chapter 4 Portrait Rights

　　For the protection of natural persons’ voices, refer to the relevant provisions on the protection of portrait rights.

　　If the circumstances specified in Article 13 of the "Personal Information Protection Law of the People's Republic of China" are not met, the personal information processor has no right to process personal information:

Article 10: No organization or individual may illegally collect, use, process, or transmit other people's personal information, and may not illegally buy, sell, provide, or disclose other people's personal information; and may not engage in personal information processing activities that endanger national security or public interests.

Civil Code

Chapter 5 Civil Rights

Article 111: Personal information of natural persons is protected by law. Any organization or individual that needs to obtain other people's personal information must obtain it in accordance with the law and ensure the security of the information. It must not illegally collect, use, process, or transmit other people's personal information, and must not illegally buy, sell, provide, or disclose other people's personal information.

Article 1034: Personal information of natural persons shall be protected by law.

　　Personal information is a variety of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including the natural person's name, date of birth, ID number, biometric information, address, phone number, email address, health information, whereabouts information, etc.

　　For private information in personal information, the provisions on privacy rights shall apply; if there are no provisions, the provisions on the protection of personal information shall apply.

　　Article 1035: The processing of personal information shall follow the principles of legality, legitimacy and necessity, shall not be excessively processed, and shall meet the following conditions:

　　(1) Obtain the consent of the natural person or his guardian, unless otherwise provided by laws and administrative regulations;

　　(2) Rules for disclosing information;

　　(3) Clearly state the purpose, method and scope of processing information;

　　(4) Does not violate the provisions of laws, administrative regulations and the agreements of both parties.

The processing of personal information includes the collection, storage, use, processing, transmission, provision, disclosure, etc. of personal information.

Civil Code

　　Article 1038: Information processors shall not disclose or tamper with the personal information they collect or store; they shall not illegally provide personal information to others without the consent of a natural person, except where the specific individual cannot be identified after processing and cannot be restored.

　　Information processors shall take technical measures and other necessary measures to ensure the security of the personal information they collect and store and prevent information leakage, tampering, and loss; if personal information leakage, tampering, or loss occurs or is likely to occur, remedial measures shall be taken promptly and in accordance with Provides for notification to natural persons and reporting to the relevant competent authorities.

3.2.7. The use of algorithm models involves copyright

　　If the algorithm model used is an open source algorithm model published on GitHub, it does not need to obtain the consent of the relevant rights holder, but it needs to comply with the terms of use on its homepage.

　　Usually the open source algorithm model will be marked as being for personal communication and learning only and shall not enter the production process; when releasing generated materials, it must not only indicate that the materials are generated by AI, but also indicate the source of the original sound used for generation. If the original sound comes from Other sound synthesis algorithms must also comply with the usage rules of such algorithms. If the user intends to use the model in production or other applications beyond the scope of open source use, he or she must contact its development team in advance.

The following picture is a screenshot of a network example that uses an algorithm model to indicate sound copyright according to open source requirements.

3.2.8. Infringement occurs when uploading copyrighted materials during Ai learning.

　　If during the process of Ai learning copyrighted materials, the original materials or synthesized songs are uploaded to the Internet, it will involve infringement. For example, uploading the synthesized AI cover song to an Internet video/audio website will infringe the information network dissemination rights of the original lyrics and music copyright owner and the recording producer. If it is used for live broadcast, it will also infringe the broadcasting rights. At the same time, it infringes the copyrighted singer's "voice rights" and personal information-related rights.

4. If AI can use copyrighted materials to learn, what changes will happen to society?

If AI can learn using copyrighted materials, society will have the following changes:

▶ 1. The understanding of intellectual property rights may change, promoting the formation of relevant legal provisions.

　　Modern society pays great attention to intellectual property rights. If AI can also use copyrighted materials to learn, this may trigger a rethinking and debate on intellectual property rights, because the use of copyrighted materials by AI may be regarded as infringement of copyright and intellectual property rights, so legal responsibilities need to be clearly defined and legal protection.

▶ 2. The legal and regulatory systems may need to be adjusted.

　　If AI can learn using copyrighted materials, then the legal and regulatory system may require more rigorous and complex regulations and procedures to ensure that intellectual property and commercial interests are protected.

▶ 3. AI professional knowledge such as AIGC will be popularized.

　　AI's use of copyrighted materials for learning will help popularize professional knowledge, because without copyright restrictions on learning, the learning materials used by AI will greatly increase, promoting the popularization of AIGC. At the same time, AI-related machine learning algorithms can quickly obtain key information and domain knowledge from a large amount of literature and materials, thereby improving professional standards.

▶ 4. Education and scientific research will benefit a lot.

　　If AI can learn using copyrighted materials, this will bring great benefits to education and scientific research. Education methods and learning methods will be changed because educational institutions and learners can use AI technology and resources to improve learning efficiency and learning quality. AI will be able to learn knowledge faster and more deeply, thus bringing revolutionary changes to these fields.

▶ 5. The entertainment and media industries may be affected.

　　If AI can learn using copyrighted material, then this will disrupt the current business model of the entertainment and media industries, potentially causing their revenue to decline.

▶ 6. More innovative output.

　　AI learning using copyrighted materials may lead to more innovative output, because AI can discover new patterns and trends in a large amount of literature and materials, thereby inspiring new creativity and ideas.

▶ 7. Data privacy issues:

　　AI's use of copyrighted materials for learning may cause data privacy issues, because AI needs to obtain a large amount of data for learning and analysis, which may involve the use and protection of personal privacy information.

　　In short, if AI can learn using copyrighted materials, this will be a far-reaching change that may cause various social, economic and legal issues.

5. Reference appendix

https://mp.weixin.qq.com/s/9pF-imax4O5P4zS02lFRRw

https://www.thepaper.cn/newsDetail_forward_23055228

http://www.xinhuanet.com/politics/2019-12/02/c_1125295745.htm

https://mp.weixin.qq.com/s?__biz=MzAxMDI2MzQyNA==&mid=2650873242&idx=1&sn=a740a34247f00c22d3ad8484bc91c170&chksm=80a6b375b7d13a6329960aab6b3785d10d5e85619b6a54d320f7390f90a3eac7bdd8b717d2df&scene=178&cur_album_id=2345740510742773762#rd

https://space.bilibili.com/1409720561

https://www.bilibili.com/video/BV1gm4y1g71w

https://www.bilibili.com/video/BV14u41177uJ

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