Author
Ms Shen Xiaoyun
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Intellectual Property Rights
Title
Research on the Construction of Fair Use of Copyright and Compensation System for Artificial Intelligence Creation
Abstract
The AI-generated works must intersect with the original author's work, thus having a certain impact on the rights and interests of the original author. The law needs to explore and improve the regulation of the fair use of AI creations and build a compensation system to adapt to the development of the times. The development of AI technology has brought about problems such as the unclear relationship between fair use and infringement of copyright, the unclear general terms and conditions of application, and the incomplete criteria for judging at different stages. Through different theoretical methods, the legitimacy of the rational use of the system can be demonstrated. The compensation standard for fair use of copyright in AI creation can refer to the market pricing of the right holder's work, and the compensation can construct a formula for the amount of damages for AI copyright infringement, and construct the compensation standard based on the main factors affecting the market value of the work, so as to provide a reference for the construction of a compensation system for fair use of AI creation. Key words: artificial intelligence, creative behavior, fair use of copyright, copyright compensation system
Biography
Shen Xiaoyun, CV EDUCATION ● Master of Law (2023) - Major:Foreign-related Rule of Law - Minor: English - Shanghai East China University of Political and Law, Shanghai, P.R. China ● Bachelor of Law (2022) - Major: Intellectual Property Right Law - Minor: English - Graduation Thesis: Fair Use System of Copy Right Law in AI Creation - Nanjing University of Science and Technology, Nanjing, Jiangsu, P.R. China ● Bachelor of Arts (2012) - Major: English - Minor: Law - Nanjing University of Science and Technology Zijin College, Nanjing, Jiangsu, P.R. China WORKING EXPERIENCE 2022.6-present Legal officer in Muyuan which is a publicly listed company 2020.9- present Company Legal Department, Ruide International Courses Training Company, Nanjing Legal Intern 2014.7 - 2018.2 Having Been to USA, Britain, Belgium, Italy, Switzerland and France to Widen Horizon 2016.3- 2017.5 and Obtain Diversified Culture Senses Department of English Teaching, Ruide International Courses Training Company,Nanjing English Teaching department of English Teaching, Shuling Education Training Company, Nanjing English Teaching and Management of Teaching Department. Worked as interpreter and Chinese teacher for foreign students. Honors and Awards: Intellectual Property Volunteer, English Writing Speech Certificate, Outstanding Student Cadre, University-level Scholarship; The company's outstanding employees and management operations, teenagers Excellent instructor of the English Competition, runner-up of the 23rd Foreign Language Research Society Cup School-level English Debate Competition. Comprehensive ability: TEM8 (professional level 8), Shanghai advanced interpreting, IELTS 7.0, English as the working language; Driver's license, teacher's card; Serious and down-to-earth, seeking Self-motivated, easy-going, cooperative, willing to learn and explore, love to learn foreign-related law, hobby sports, travel.