Copyright Law Or Anti-unfair Competition Law

Artificial Intelligence technology gradually plays an important role in our lives.Legal disputes over AI-generated products start to arise.Since the external feature of the product is similar to the Copyright works,so the court mainly applies the copyright law to resolve such disputes.However,there are inconsistencies between the adjudication of the "Film Case" and the "Tencent Case",which not only proves that there are disagreements in the courts,but also shows that the application of Copyright law has came to an end.Tencent has once claimed that plagiarism against AI-generated products was considered to be an act of unfair competition.There are also opinions in the academic circles that advocate the application of Anti-Unfair Competition Law to protect the benefits of AI-generated products.It is against this background that the path of anti-unfair competition law comes into our field of vision.The application of copyright law and the application of anti-unfair competition law are the two applicable solutions for dispute.Whether AI-generated products are considered as copyright works is still controversial.The subjects of adjacent rights are limited in the Copyright Law,and the expansion of the objects are limited too.A new type of right should be set by judicial interpretations or legislative revisions.Until then,there is a lack of legal basis for the protection of interests.The inability of the copyright law applications forces us to turn to the Anti-Unfair Competition law solution.It is of practical significance to apply the Anti-Unfair Competition Law to resolve legal disputes over AI-generated products.AI-generated products are valuable to the society.They need to be protected by law.Right was not the only thing that was protected by law,there are also legitimate interest.Anti-Unfair Competition laws can protect interests that were not yet considered to be rights.The right-setting model of interest protection has a disadvantage.But the protection of interests by the Anti-Unfair Competition Law does not presuppose the existence of rights,and can legally protect new interests at the very beginning.At the same time,the interests of every individuals in the dispute need to be concerned.It would be cautions to determine the civil liabilities of the third party under the Anti-Unfair Competition Law,which is conducive to safeguarding the interests of network service providers.The combination of the high efficiency of artificial intelligence generated objects and the protection mode of rights creation can easily lead to copyright abuse,and the application of the Anti-Unfair Competition Law can effectively prevent this kind of abuse.The application of anti-unfair competition law has legitimacy.This solution not only conforms to the legislative purpose of the Anti-Unfair Competition Law,but also has general provisions as the legal basis.There are also a large number of cases in which intellectual property disputes have been resolved through the Anti-Unfair Competition Law as support.The determination of unfair competition in disputes over AI-generated products does not require amendments to the current Anti-Unfair Competition Law.When apply the general provision to determine unfair competition,four element theory should be follow.In disputes,a broad competition relationship standard shall be adopted.The competition relationship between AI-generated products operator and network service providers shall be carefully considered.The identification of the illegality should not based only on the damage.Unearned plagiarism will be illegal.Fail to fulfill the Duty of Care will be illegal too.In disputes,intentional and negligence should be used as the content of subjective state,and the subjective state of the defendant should be determined through external behavior.And the damage caused by the behavior should be presumption.