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A review of the filtering process in copyright litigation for AI-enabled creations

  • Journal of Software Assessment and Valuation
  • Abbr : JSAV
  • 2024, 20(2), pp.19-28
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science
  • Received : June 8, 2024
  • Accepted : June 20, 2024
  • Published : June 30, 2024

Kim Si Yeol 1

1전주대학교

Accredited

ABSTRACT

In copyright infringement actions, parts of a work that are not protected creative expressions are excluded from the determination of infringement, especially in the substantial similarity test. With the increasing use of AI in programming, it's crucial to exclude AI-generated parts of a computer program in such disputes. However, third parties cannot accurately identify these AI-generated portions without the active cooperation of the parties involved, which is often difficult to guarantee. Therefore, a procedure requiring parties to identify parts of the program created using AI is necessary. To ensure the effectiveness of this obligation, there should be practical sanctions for non-compliance, such as dismissing the claim against the offending party. This approach considers the benefits that could be gained from violating the specific obligation.

Citation status

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