Copyright Algorithmic Enforcement and its Types, Dilemmas and Legal Regulations in the Digital Age

ZHANG Endian

Jinan Journal ›› 2023, Vol. 45 ›› Issue (5) : 35-49.

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Jinan Journal ›› 2023, Vol. 45 ›› Issue (5) : 35-49. DOI: 10.11778/j.jnxb.20220706

Copyright Algorithmic Enforcement and its Types, Dilemmas and Legal Regulations in the Digital Age

  • ZHANG Endian
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Abstract

In the context of the digital age, in response to the growing pressure on copyright governance, online service providers have begun to explore copyright algorithmic enforcement practices. Based on the strength and degree of influence, the copyright algorithmic enforcement can be divided into two types of practice: automatic notification-deletion and automatic censorship-filtering algorithmic enforcement. The copyright algorithmic enforcement has the characteristics of automation, fuzziness, and prevention. At present, the copyright algorithmic enforcement is faced with the triple dilemma of fairness, transparency and accountability, which has led to a legitimacy deficit in the governance of copyright algorithms. Based on this, in terms of the legal regulation mode of the implementation of copyright algorithms, we should not only prevent the populism of algorithm regulation, but also prevent the “technological determinism” of algorithm regulation. We should abandon the exclusive “unilateralism” regulation concept and strategy, take highlighting human subjectivity and defending human dignity as the fundamental value, and advocate the idea of compound algorithm governance of two-way interaction and multi subject collaboration. We should fully leverage the active role of multiple entities in algorithmic regulation, establish a legal regulatory framework system that integrates the entire process of copyright algorithm system design, deployment, and operation, and form a collaborative governance pattern of multiple entities in algorithmic governance. In terms of specific institutional construction, it is advisable to focus on the process of copyright algorithm governance, and establish a legal regulatory framework that involves multiple entities, such as copyright algorithm developers, applicants, public regulatory agencies, and individual users, integrating the development, deployment, operation, and decision-making of copyright algorithms, to ensure that the copyright algorithmic enforcement is carried out within the framework of the rule of law. In the development stage of copyright algorithms, it is advisable to incorporate the concept of “fair use by design” into copyright algorithm design. During the algorithm deployment and operation phase, an open reflective copyright algorithm impact assessment system based on rights should be established. In the algorithm decision stage, it is advisable to build a technical due process device oriented to copyright algorithm decision. On the one hand, it is necessary to establish a technical due process centered on the right to explanation and a relatively neutrality copyright algorithmic enforcement dispute adjudication mechanism, so as to resolve the practical dilemma faced by the transformation of copyright algorithmic governance.

Key words

copyright algorithmic enforcement / fair use by design / collaborative governance / algorithmic impact assessment / right to the explanation of algorithm

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ZHANG Endian. Copyright Algorithmic Enforcement and its Types, Dilemmas and Legal Regulations in the Digital Age. Jinan Journal. 2023, 45(5): 35-49 https://doi.org/10.11778/j.jnxb.20220706
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