The Study of Copyright Infringement Liability of Generative Artificial Intelligence

Abstract

As AI continues to produce content at an unprecedented rate, it is essential to establish a robust legal framework to protect the rights of creators and appropriately assign liability in cases of copyright infringement. Generative AI technology has the characteristics of high data demand, strong human-computer interaction, weak interpretability, and weak stability. The main civil subjects in generative AI services are generative AI service providers and users. In the pre-training stage, if generative AI uses copyrighted works without authorization, it should be recognized as copyright infringement, and the relevant infringement liability should be borne by generative AI service providers. In the content generation stage, the high similarity between AI-generated content and prior works can be attributed to various factors, including flaws in the generative model, intentional design choices, and user input and guidance. Both the generative AI service provider and the user bear direct tort liability for the infringement. However, the question of whether generative AI service providers also bear indirect tort liability should be explored, considering their role and similarities to traditional ISPs. Generative AI service providers should fulfill their obligations, take appropriate actions to prevent infringement, and report any illegal activities to the relevant authorities.