摘要
Abstract
In the era ofartificial intelligence,copyright law needs to provide institutional facilitations for data mining to promote its development.Specifically,regarding the design of the fair use system,it should be clarified that data mining consists of two stages:"data acquisition"and"data analysis".In the"data analysis"stage,it is explicit that the utilization of work data by artificial intelligence should fall outside the scope of copyright law's regulation,and there is no room for the application of the fair use system.Based on the principle of"having the right toread implies the right to mine",once artificial intelligence legally acquires work data,it can freely utilize it without requiring special authorization from the copyright owner.However,as a supporting measure,artificial intelligence entities must establish data protection mechanisms to safeguard data security and privacy rights.In the"data acquisition"stage,the law should distinguish between commercial and non-commercial artificial intelligence entities,and only apply the fair use system to the data acquisition behavior of non-commercial artificial intelligence.When designing the detailed rules of the fair use system,China can consider incorporating this fair use scenario into the amendments to the Implementing Regulations of the Copyright Law,thereby achieving effective integration with the Copyright Law and forming a closed institutional loop,ultimately completing the current establishment of the system.关键词
人工智能/大数据/数据挖掘/合理使用/制度设计Key words
generative artificial intelligence/big data/data mining/fair use/legal design分类
社会科学
