Abstract:
With the rapid development of neuroscience, brain-computer interface technology has enabled people to bypass their muscular systems and directly control external devices through “thought”, thereby producing output. This has disrupted the traditional model of creative work mediated by the body, leading to uncertainty regarding authorship, difficulties in determining the eligibility of works, and challenges in attributing liability for copyright infringement. In addressing the copyright challenges posed by the application of brain-computer interface technology, the principle of “priority of use” should be upheld, with authorship determined based on the actual creative intent and feedback-driven modifications of the brain-computer interface user; grounded in the “brainwave determinism” principle, it should be recognised that output content determined and modified by the user’s brainwaves satisfies the requirements for work eligibility; simultaneously, by categorising the “three types” of brain-computer interface output reflecting the user’s mental thoughts—namely, direct infringement via EEG signals, joint infringement via mixed signals, and direct infringement via the brain-computer interface itself—we can distinguish between these “three forms of infringement” and thereby allocate liability for copyright infringement accordingly. Through these measures, we can resolve the copyright dilemmas arising from the application of brain-computer interface technology, thereby regulating its orderly application in the fields of literature and the arts.