China News Service, February 21 (China News reporter Wu Tao) OpenAI's first video generation model Sora has recently taken the technology world by storm. Throw in a piece of text and generate "blockbuster" level video content in minutes, which can last up to 60 seconds.

  But at the same time, this also raises a new question: Is it infringing to use Sora Wensheng’s video with someone else’s copywriting? Who owns the copyright of the generated video?

"New creations are not considered infringement, but redrawing designated images may be risky."

  Regarding the copyright issue of Wensheng videos using Sora, Zhao Zhanzhan, a lawyer at Beijing Jiawei Law Firm, said in an interview with China News Finance that the key issue is whether the generated video is consistent or similar to the content of the copy, novel, etc. If the video is generated based on the content of the novel, A corresponding video actually constitutes infringement. "This is actually similar to the adaptation of novels into film and television dramas. What is infringed is the right of adaptation."

  Screenshot of OpenAI website

  Shen Yang, a professor at the School of Journalism and Communication at Tsinghua University, said in an interview with a reporter from Sino-Singapore Finance that judging from the current situation, it is generally impossible to tell which pictures it is composed of, unless the user specifies that it should be based on the pictures of "Interstellar" If it is redrawn, there may be copyright issues; if it is a completely new creation, there is generally no copyright issue.

  There is also a view that using AI technology to produce Wensheng videos can be regarded as secondary creation. In recent years, the topic of short video secondary creation has attracted attention from all parties, and some video platforms have also explored secondary innovation cooperation mechanisms.

  For example, in 2022, Douyin reached a cooperation with Sohu and obtained authorization for the secondary creation of all Sohu's self-made film and television works. The Douyin platform and users can re-edit, arrange or adapt these film and television works. In the same year, Kuaishou announced a cooperation with LeTV Video.

Use AI technology to make "Journey to the West" Vincent's video non-infringing?

  In another situation, the generated video can clearly tell which literary works it comes from. For example, many media recently reported that AI technology was used to make "Journey to the West" into a video, and the effect was "amazing". Is this considered infringement?

  The "Copyright Law of the People's Republic of China" stipulates that the protection period for natural persons' works, including their rights of publication and other rights, is the life of the author and fifty years after the death of the author, ending on December 31 of the fiftieth year after the author's death.

  The author of "Journey to the West" passed away far more than fifty years ago, so there is no infringement if you use "Sora" from "Journey to the West". In a previous interview with China News Network, a legal person also said that one principle is that if the copyright of the original work is within the protection period, the consent of the copyright owner is required; outside the protection period, if the work enters the public domain, everyone can use it and create again.

  It should be noted that the "Copyright Law of the People's Republic of China" also stipulates that to use works resulting from the adaptation, translation, annotation, arrangement, and compilation of existing works for publication, performance, and production of audio and video products, the copyright owner of the work must be obtained. The copyright holder of the original work gives permission and pays remuneration.

  However, the copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them, but the copyright of the original work shall not be infringed upon when exercising the copyright.

A batch of “selling idea” businesses may be born

  As mentioned above, if the copyright issue is clear, there may be a number of "selling ideas" businesses. After all, Wensheng videos need to have "text" first, and only with good ideas can we generate better videos.

  Screenshot of OpenAI website

  Zhou Hongyi, founder and chairman of 360, also recently said that AI may not disrupt all industries so quickly, but it can inspire more people’s creativity. The theme, script, shot planning, and line coordination of the video all require people's creativity, or at least prompts.

  However, many ideas are fragmented and easily plagiarized. The jokes, copywriting, etc. you have worked so hard to figure out may be used by others to generate videos using Sora.

  With the rapid development of new technologies, my country's intellectual property construction is also accelerating.

  In November 2023, the State Council Information Office held a regular briefing on State Council policies to accelerate the construction of an intellectual property power and effectively support innovation-driven development. It was mentioned that we should adapt to the new characteristics of infringement and strengthen technical support. "Strengthen the construction of intellectual property informatization and intelligent infrastructure, strengthen the application of information technologies such as the Internet, artificial intelligence, and big data in the field of intellectual property review and protection, and promote the integrated development and integrated advancement of online and offline intellectual property protection." (End) )