关键词: 利益衡量, 人工智能, 邻接权, 著作权

Abstract: The debate on whether and how to protect AI-generated content is essentially a discussion of how to harmonize established interests.To resolve the conflict of interests brought about by AI-generated content,it is necessary to start from the underlying logic of the operation of AI,and to examine the conditions of protection under the copyright law with the analysis of interests as the main line.Artificial intelligence-generated content meets the protection requirements of broad neighboring rights.Existing neighboring rights system cannot provide protection for AI-generated content.The system of neighboring rights shall be expanded to a certain extent,and it is appropriate to establish a new “users right to generate information”,taking into account the characteristics of the content generated by artificial intelligence and the interests associated with it.It needs to be clarified in terms of the subject of the right,the specific conditions of protection,and the limitations on the exercise of the right.

Key words: measurement of interests, artificial intelligence, neighbouring rights, copyright