作者:

顧長芸


公開日期:

2023/11


類型:

學術研討會論文


摘要:


The Impact of AI’s creation on the Intellectual Property is profound. For example, the United States is seeking stakeholders’ opinions on the issue of whether AI can be the inventor of a patent. The United Kingdom is proposing to use an invisible digital watermark on images or video footage and also planning to require AI’s creation to list the IPs that were used, to prevent copyright infringement by AI’s data mining. However, the relation between AI and Creativity remains unclear. Traditionally, a work that can be credited to a person is based on creativity, i.e. the creator who creates an original creation. AI, especially the Generative AI, can generate unique content that it’s basically not inferior in any respect to the transcript that we see in the novel, by a human author. The raw data that AI uses for creating is based on the existing materials, as the human author is inspired by daily life experiences. And it seems that the only way left for us to rule AI out of creativity is the claim that the creator must be a “nature person”, as those rulings of copyrights did in many countries. This distinction may seem workable in legal practice, but it’s not so much in philosophical speculation. Simply cutting AI off doesn’t clarify the relation between AI and creativity, and only rules AI out of the equation because AI is not a natural person is unconvincing and tautology. What we need to discuss here is the question of whether a human creator is essential to creativity. If AI’s creation has creativity, what does it mean we give credit to human creators and protect their rights? If AI’s creation hasn’t creativity, what’s our standing point in a world full of AI’s captivating creations? AI’s creation forces us to review what we assume is creativity, and the criterion of the human creator is the key to illustrating this issue. This paper will be divided into five parts to discuss the relationship between AI and creativity. I will start with some examples in relation to AI’s creation and its effects on IPs nowadays, to show the main concern here. Secondly, I’ll introduce the theory of creativity and its criteria as well. Thirdly, I want to further examine the condition of the human creator and to see if it’s sufficient to be the benchmark of creativity. Fourthly, following the previous section, I’ll try to inquire about what we mean by creativity, and attempt to elaborate the relation between AI and creativity. Finally, I will summarize this paper.