The Shenzhen Court (Shenzhen, China) has made an unprecedented decision: to punish an infringer for the illicit use of intellectual property created by artificial intelligence (AI). experts in
areas of legal law do not agree with the decision: in their view, the object of copyright may be a work created as a result of human intellectual activity.
How II became a full-fledged author
According to the China News Service, the unusual court decision ended
a review between Chinese Internet giant Tencent and an online platform operated by Shanghai Yingxun Technology Company.
For the past five years, Tencent has been publishing content created by Dreamwriter’s automated news-writing program. Algorithms for AI that creates news content with a focus on
business and financial history, experts Tencent developed in 2015.
On August 20, 2018, Dreamwriter wrote a financial statement that included the Shanghai Index (SSEC), the exchange rate, and capital flows. An article published on the Tencent Securities website contained
and information that it was automatically written by Dreamwriter.
A few weeks later, the online platform Yingxun posted this report on its own site. Because the text was generated by artificial intelligence, the online platform copied it without
necessary permissions, considering that this material does not have an author, in the traditional sense, and therefore copyright infringement is not permitted.
Tencent initiated a lawsuit with Yingxun. The People’s Court of Shenzhen County sided with the Internet giant, saying that the defendant, Yingxun, had infringed its copyright and
must bear civil liability. According to the judges, the form of presentation of the article meets the requirements of written work, the structure of the article is reasonable, the logic is clear, it has a certain
originality, the content includes the selection, analysis and judgment of relevant stock market information and data.
Yingxun has already removed the controversy over article authorship from her site. Nevertheless, the court ruled, ordering it to compensate Tencent for the economic loss and protection of the rights, the amount of which the judge
estimated at 1,500 yuan ($ 217 current exchange rate).
It is still unknown whether Yingxun will appeal.
Is AI able to think creatively?
A number of experts consider the incident to be an important step in recognizing AI as a creative force. Currently, AI is successfully creating musical and artistic works. already
For several years II has successfully used a number of print and online publications. These include Stylist, Bloomberg News, The Associated Press, The Washington Post.
In the spring of 2019, Esquire Singapore was released the industry’s first print journal to contain articles written and written
edited by AI Squire’s bot editor. The works of II, according to Esquire experts, were so professional that it was impossible to distinguish them from those created by journalists. But so far
the question of whether works created by AI fall under copyright protection remains controversial.
Wang Guohua, a lawyer at Beijing-based law firm Zhongwen Law Firm, has created the work in accordance with copyright law in China, as well as some international conventions.
must be original, reproduced and produced on the basis of human intellectual activity. In other words, it must be the result of the human intellectual
activity. If, however, artificial intelligence has created its work solely on the basis of keywords entered by man, such work, according to the lawyer, can not be protected by copyright.
“The machines can be used by anyone and generate the same content based on the same keywords. We need to think what copyright law is about – intellectual protection
keyword selection activity or work actually created by artificial intelligence, ”the media quoted the lawyer as saying.
In addition, according to the same media, in 2012, an Australian court also ruled that a work created using a computer is not protected as an object
Also known is the case when the object of a similar and rather scandalous consideration was the content created by animals. Lawyers, human rights activists, and freedom activists joined the discussion
information and blogosphere. This funny story happened in 2011 in Indonesia. British photographer David Slater lost his camera, was found by a macaque named Naruto and made several hundred
photos, including the very successful Selfie. Then the camera went back to the owner, who demanded to recognize his right to the pictures taken by the macaque.
The case was much more complicated – it was considered for several years. Defenders of the monkey argued that it was the copyright of the photo, because it acted entirely
conscious – saw her reflection in the camera lens, understood the relationship between pressing the shutter button and changing the display, and made different facial expressions. As a result, in 2017 the court is everything
he decided that the animal could not be the author of the work. All the pictures taken by the monkey, many of which are very funny, have been recognized by the public.