关键词: 文生视频(Sora), 文生视频, 生成内容, 法益, 数据安全责任事故罪

Abstract:

The application of AI video generators such as Sora will have a significant impact on the legal interest theory of criminal law. The content of generated videos should be included in the scope of the work. An AI video generator is the author of its generated content but not the subject of rights, and the property rights of related works should be transferred to the user. The legal interests infringed upon by the crime of compulsory indecency and insult related to generated videos shall include the content of mental damage. The application of AI video generators changes the social relations of the video creation industry, and then changes the judgment standard of the degree of infringement of legal interests of related criminal behaviors. The crimes related to generated videos mainly involve crimes of infringing personal rights, crimes of infringing property rights and crimes of picking quarrels and provoking trouble. The provisions of judicial interpretation on the elements of the related charges of crime related to generated videos should have both breakthroughs and limitations. The criminal law of our country should set up the crime of data security liability accident to investigate the criminal responsibility of the developers and producers of generated videos. The pre-method provisions for the application of generative artificial intelligence products should be improved in time. In judicial practice, the intelligent degree of generated videos should be divided into three categories: information sorting, basic processing of information and deep processing of information, so as to reasonably allocate the criminal responsibility of users, developers and producers for crimes related to generated videos.

Key words: Sora, generated videos, generated content, legal interest, crime of data security liability accident