Neighbouring Rights Protection for AI-generated Works
摘要
In searching for the most suitable model of protection for AI-generated works, this chapter argues that neighbouring rightsNeighbouring rightsfor sound recordingsSound recordingsand broadcastsBroadcasts would be the most suitable for several reasons. First, neighbouring rights focus on protecting the contributors’ technological investmentInvestment rather than authorshipAuthorship, offering more flexibility than copyright for AI-generated works. Second, neighbouring rights offer a shorter term of protection compared to copyright, allowing for a more effective balance between private and public interestsPublic interests. Third, neighbouring rights are universally accepted, making them more suitable for the global nature of AI-generated works compared to sui generis rights. This chapter proposes establishing a new type of neighbouring rights with certain specifications: 1) generative AI usersGenerative AI users as the right holders, 2) right holders are entitled solely to economic benefit from the use of AI-generated works, and 3) there should be a short term of protection for AI-generated works.