The Characteristics and Legislative Thinking of AI Painting Tort

Abstract

With the continuous development of artificial intelligence technology, the application of AI painting in the field of art is increasingly widespread, but also caused a lot of legal problems, especially the infringement of AI painting. This paper aims to explore the phenomenon of AI painting infringement, including its causes, characteristics, risks, identification methods and related legislative direction. This paper points out that the characteristics of AI painting infringement are a large number of crawling data of original works, lack of creativity, depriving the original author of income, hidden infringement process is difficult to find. Risks of AI painting mainly include risks of falsified materials, unemployment and artistic ethics. The method of AI painting infringement determination needs to consider whether the data source of AI painting is legitimate and whether the work has generated commercial value. As for the direction of legislation, this paper suggests that copyright ownership, infringement subjects and infringement behaviors should be clarified, so as to protect the legitimate rights and interests of the original authors and promote the sound development of AI painting technology. With the continuous development of artificial intelligence technology, the application of AI painting in the field of art is increasingly widespread, but also caused a lot of legal problems, especially the infringement of AI painting. This paper aims to explore the phenomenon of AI painting infringement, including its causes, characteristics, risks, identification methods and related legislative direction. This paper points out that the characteristics of AI painting infringement are a large number of crawling data of original works, lack of creativity, depriving the original author of income, hidden infringement process is difficult to find. Risks of AI painting mainly include risks of falsified materials, unemployment and artistic ethics. The method of AI painting infringement determination needs to consider whether the data source of AI painting is legitimate and whether the work has generated commercial value. As for the direction of legislation, this paper suggests that copyright ownership, infringement subjects and infringement behaviors should be clarified, so as to protect the legitimate rights and interests of the original authors and promote the sound development of AI painting technology.