Xuan Sheng, Jian Ge

(School of Intellectual Property, East China University of Political Science and Law)

Abstract：

Compared to incremental innovation, disruptive innovation poses greater challenges to existing legal systems. The copyright system has been facing the challenge of disruptive innovation since its establishment, and its response experience can be summarized from a historical perspective to reflect on current strategies. Disruptive innovation as a product will interact with the law in various fields, and the technology generated by disruptive innovation is likely to have a sustained dynamic impact on the legal system, highlighting the urgency of legal system reform. In history, when facing disruptive innovative technologies such as electrostatic printing, radio technology, and computer technology, the copyright system chose to intervene in regulation during the mature, disruptive, and early development stages of the technology, resulting in different institutional impacts. Taking history as a mirror, we must strengthen our understanding of technological maturity, prudently determine legal regulatory gatekeepers, and carefully evaluate the subsequent impact of legislation. Currently, in response to the disruptive innovation of artificial intelligence technology, the copyright system should actively improve the relevant rules for gatekeepers, combine current and subsequent legislation, and actively play the unique role of judicial response to achieve relative stability of the system.

Key Words：

copyright law; disruptive innovation; artificial intelligence