AIGC背景下著作权的法理基础与司法判定

The Legal Basis and Judicial Judgment of Copyright under the Background of AIGC

摘要: 当前以ChatGPT为代表的生成式人工智能AIGC正逐渐融入人类生活，一方面激活了大众文艺创作的热情，带动了AI产业发展的势头；另一方面也对传统以“人”为唯一创作者的著作权法理基础产生了冲击，AI生成物著作权纠纷案与日俱增。对此，国内外各界也展开积极地理论研究与司法实践，主要集中于探讨人工智能生成内容的作品和作者属性以及其权责归属。以北京互联网法院一审宣判的“AI文生图‘春风送来了温柔’”为例，当前司法判定以使用者创作过程中投入了智力劳动和个性化选择为前提，逐渐承认AIGC的作品属性，鼓励大众艺术创作。

Abstract: At present, the generative artificial intelligence AIGC represented by ChatGPT is gradually integrated into human life, which on the one hand activates the enthusiasm of the public for literary and artistic creation and drives the momentum of the development of the AI industry. On the other hand, it has also had an impact on the traditional legal basis of copyright with “people” as the sole creator, and the number of copyright disputes over AI-generated works is increasing day by day. In this regard, all walks of life at home and abroad have also carried out active theoretical research and judicial practice, mainly focusing on the attributes of works and authors of AI-generated content, as well as their rights and responsibilities. Taking the first-instance judgment of the Beijing Internet Court that the AI un-photoshopped photo Chunfeng sent tenderness as an example, the current judicial judgment is based on the premise that users have invested intellectual labor and personalized choices in the creative process, gradually recognizing the attributes of AIGC’s works and encouraging public artistic creation.