Attribution of Liability for Copyright Infringement by Artificial Intelligence Generated Content

Abstract

As generative artificial intelligence continues to advance, providing an ever-expanding range of functions and applications for humanity, it has given rise to novel forms of torts, with the potential for more to emerge in the near future. Resolving issues of liability hinges on the identification of the responsible party. However, neither Chinese legislation nor academic views have specified rules or a clear and consistent opinion on the liability attribution issue. This paper aims to address this question. Commencing with the premise that artificial intelligence inherently lacks legal personality, this paper systematically examines all relevant subjects who could potentially bear liability for copyright infringement. The legal foundations for each entitys liability are thoroughly analysed. Meanwhile, this article elucidates the principles of attribution of liability, drawing from established theories of traditional tort law and jurisprudential principles while taking into account the special characteristics of copyright infringement and artificial intelligence. In conclusion, in the absence of a clear consensus on determining the liable party, the principle of correspondence between risks, benefits and responsibilities should guide the attribution of liability for copyright infringement involving generative artificial intelligence. This approach will ensure an equitable distribution of losses, responsible burden-sharing, and comprehensive protection of rights.