The Protection of Intellectual Property Rights for the Xinqiao Yanglan Bamboo Weaving Craft in Zhaoqing City Empowered by Artificial Intelligence

Abstract

Artificial intelligence (AI) technology is bringing about a revolutionary paradigm shift in the safeguarding and transmission of intangible cultural heritage (ICH). While it enhances conservation efficiency and expands transmission pathways, it simultaneously poses structural challenges to the intellectual property (IP) system, which is traditionally based on the protection of individual intellectual creations. This paper takes the Xinqiao Yanglan Bamboo Weaving Craft in Gaoyao District, Zhaoqing City, Guangdong Province, as a specific case study. It delves into the frontier legal dilemmas concerning the definition of rights holders, the assessment of copyrightability, the delineation of fair use boundaries, and the determination of infringement liability for digital ICH outcomes in the context of AI empowerment. The research indicates that the inherent tension between public and private interests becomes more complex with AI's involvement. Consequently, this paper proposes clarifying the ownership rules for AI-generated content through legislation or judicial interpretation, constructing a special statutory licensing system tailored for the digital utilization of ICH, enhancing the flexibility of fair use doctrines to accommodate technological advancements, and comprehensively utilizing technologies like blockchain to build a credible system for rights confirmation, utilization, and protection. The aim is to construct an IP legal framework that effectively incentivizes innovation, safeguards the legitimate rights and interests of all parties, and promotes the widespread dissemination and sustainable development of ICH knowledge, providing theoretical support and pathway guidance for the living inheritance of ICH in the digital age.