The proposition of author′s "data control rights" in the application of AI generated content
Ren Tinghan
( Law School， Yunnan University, Kunming 650504, China)
Abstract： When artificial intelligence uses works as data sources and manufactures products, it may not constitute fair use. The existing copyright law only stipulates the right of reproduction to control the electronic storage of works, and lacks the control of "data use " behavior. After obtaining the replication license of electronic storage, data processors can use the lack of rights elements to freely use AI generated content to generate data products, which will damage the interests of authors. Based on this, this article puts forward the author′s "data control right", and through case analysis, literature research and other methods, discusses the legitimacy and rationality of the establishment of "data control right" and carries on the framework construction, fills the lack of data right elements in the copyright law, protects the data right of the work, and also takes into account the interests of the author and the data processor. It provides a protection idea based on the combination of data rights and copyright for the behavior of data use in artificial intelligence.
Key words : AI generated content; data using; the right of data control
