Abstract:
While generative artificial intelligence is profoundly transforming the knowledge innovation ecosystem, it continuously triggers new types of copyright infringement disputes, posing challenges to traditional copyright infringement determination rules: the application of the "access" element is ineffective, the application of the "substantial similarity" element is restricted, and the boundary of the "fair use" defense is blurred. The "Proposal for the 15th Five-Year Plan" provides fundamental guidance for the conceptual innovation and rule adjustment of copyright infringement determination in the era of artificial intelligence. Judicial decisions should adhere to the value concepts of "promoting the development of the technology industry", "safeguarding the rights and interests of creative subjects", and "promoting the inclusive and prosperous development of knowledge", and properly coordinate multiple interests. Correspondingly, the rules for determining copyright infringement need to be adjusted in a more restrained way: the "access" judgment should tend to be strict and prudent, return to the legislative purpose and invoke technical assistance; The presumption of "substantial similarity" needs to introduce objective standards and simultaneously examine the dual factors of style appropriation and market substitution. The scenarios of fair use should be moderately expanded. On the basis of existing norms, exceptional types such as minor use and transformative use in foreign legislation can be timely transformed and absorbed.