河北法学2024,Vol.42Issue(12):165-184,20.DOI:10.16494/j.cnki.1002-3933.2024.12.009
从活字印刷到人工智能:作品出版传播技术形塑著作人格权的衰落趋势
From Movable Type Printing to Artificial Intelligence:The Publishing and Communication Technology of Works Shaping the Decline Trend of Moral Rights
摘要
Abstract
Since its emergence,the moral rights system of copyright has a strong attribute of industrial interest game tool and has linkage with the publishing and communication technology of works.Technology itself has inherent anti-personality characteristics.From movable type printing to artificial intelligence,the publishing and communication technology of works has inherent decisive influence on the decline trend of moral rights.The conflict between moral rights and property rights in the copyright system,as well as the conflict between technological progress and moral rights,determine that moral rights has been declining in the technology-driven industry.The author's personality interests last forever,however,with the evolution of the industrial interest pattern,moral rights have gradually completed its temporary historical mission and evolved into a personality right in the sense of pure civil law.China's super-strong protection of moral rights is contrary to the declining trend of moral rights shaped by the technology of publishing and communication of works,and it is necessary to make more precise institutional arrangements according to China's industrial situation.关键词
著作人格权/邻接权/作品出版传播技术/活字印刷/人工智能Key words
moral rights/neighboring right/the publishing and communication technology of works/movable type printing/artificial intelligence分类
社会科学引用本文复制引用
杨安进..从活字印刷到人工智能:作品出版传播技术形塑著作人格权的衰落趋势[J].河北法学,2024,42(12):165-184,20.