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Author	Mr YU YU
Organisation/Institution	East China University of Political Science and Law
Country	CHINA
Panel	Intellectual Property Rights
Title	Research on the Non-Transmissive Use of Works ——With a comment on Text-to-Image AI’s Copyright Law Risks Arising from Data Input and Machine Learning
Abstract	Research on the Non-Transmissive Use of Works ——With a comment on Text-to-Image AI’s Copyright Law Risks Arising from Data Input and Machine Learning Long Wenmao, Yu Yu (Intellectual Property School, East China University of Political Science and Law, Shanghai 200050, China) China’s copyright law stipulates that acts including reproduction and distribution are controlled by right holders. Does it mean that all reproducing and distributing acts are subject to control? The fair use clause has specified exceptions clearly. Does it mean that all reproducing and distributing acts except those mentioned in the fair use clause constitute copyright infringement? This article supposes that the copyright law should only control those transmissive acts, leaving non-transmissive use of works in the public domain. Relevant provisions of the copyright law should be explained restrictively to correct the misunderstanding of excessive copyright protection. Introducing the concept of “non-transmissive use” is conducive to correcting this bias, and coping with new IP problems led by new technologies, such as machine learning and text mining. These new technologies input and have access to works in a non-transmissive manner. Therefore, these acts are not subject to copyright control, and they do not constitute copyright infringement. There is no need to exempt their liability by expanding the scope of the fair use clause. Key Words: non-transmissive use; Text-to-Image AI; copyright infringement
Biography	Mr Yu Yu, born in 1997, is a research assistant of Professor Wenmao Long at the School of Intellectual Property, East China University of Political Science and Law (ECUPL). He holds a bachelor degree of intellectual property from East China University of Political Science and Law (ECUPL), and a master of law degree (with distinction) in intellectual property and technology law concentration from University of Pennsylvania Carey Law School. He would be a SJD candidate in University of Minnesota law since fall 2025. He has published several academic articles in domestic and international intellectual property law and he has been a full-time lawyer for 3 years.