Author
Assoc Prof Xiaohan Wu
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
International Law
Title
Copyright Infringement Liability for the Dissemination of AIGC-Embedded Platforms
Abstract
AIGC-embedded platforms are significantly different from the traditional “user-upload and platform-passive” model. The key reason for this difference is their roles in the “generation–distribution” content chain are distinct from those traditional platforms. The unique role and function raise new legal challenges regarding identification of legal subjectivity , liability allocation, and the application of the fair use and safe-harbor rules. This article examines AIGC-embedded platforms’ roles by analyzing their legal attributes and behavioral characteristics from both the generation and dissemination perspectives. Based upon the control power criterion and neutrality criterion, this article identifies that users no longer retain primary control over content creation, and platforms are no longer passive or neutral media. It argues that the AIGC-embedded platforms with increasing control power makes them functionally closer to “content generators.” Moreover, given the AIGC-embedded platforms’ dual involvement in both generating and distributing content process, the determination of their indirect infringement should focus on the two key factors of “control and benefit”. In addition, drawing on recent developments in the fair use rule and safe-harbor doctrine in the United States and Europe, this article proposes new approaches to solve copyright infringement in the AIGC era.
Biography
Yankun Zhao is an associate professor at the East China University of Political Science and Law, Shanghai. Her primary interests are in comparative law, international environmental law, private international law and AI law, in which she has written and presented extensively. She is the Chief Investigator on China National Social Sciences which focuses on climate justice. Yankun has a PhD degree from the University of New South Wales (Sydney), a Master of Science degree from Bournemouth University, the United Kingdom, which is supported by Erasmus Mundus Programme scholarship, and a Master of International Law from Wuhan University, China. Yankun was a part-time teacher on business law in the University of New South Wales (Sydney). She worked as a part-time researcher in Borough of Poole (the United Kingdom) during her master study.
