Japan releases 2023 intellectual property promotion plan, which will focus on defining generative AI infringement

News on June 9, according to Japan's "Yomiuri Shimbun" report, the Japanese government held a meeting of the Intellectual Property Strategy Headquarters this morning and decided on the Japanese Intellectual Property Strategic Plan for 2023.

The plan focuses on the issue of copyright infringement of generative AI, and the Japanese government stated that it will discuss relevant legal issues and consider necessary measures.

▲ Picture source Japan Intellectual Property Strategy Headquarters

The plan shows that regarding the relationship between generative AI and intellectual property, the focus is on " Appropriately address external concerns and potential risks to promote the development, provision and use of generative AI. At the same time, the Japanese government also stated that it has realized that it must have a "quick and flexible response" to related issues.

When formulating the definition of infringement, generative artificial intelligence needs to first clarify several conceptual issues. First, how much contribution do users need to make to the generation of an AI work for the work to be considered an original work protected by copyright? Secondly, how close is the similarity to the original work to be considered as copyright infringement? Finally, how should we understand “unreasonably harming the interests of the copyright owner” proposed in Article 30-4 of the Copyright Law?

Article 30-4 of the Copyright Law revised and implemented in Japan in 2018 states that AI is allowed to freely research works protected by copyright without the permission of the copyright owner, but it cannot "unreasonably harm the copyright owner" Interests". Outsiders think this statement is too ambiguous, and creators want the right to ban their works from being used to train generative AI.

IT House previously reported that Japanese society has recently had a heated discussion on the copyright issue of generative AI. Previously, Shueisha stopped selling its first movie created by generative AI on the grounds that it "failed to fully consider copyright risks". Model photo album.

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