Research On Copyright Protection Of Artificial Intelligence Products

In the development process of the fourth industrial revolution,artificial intelligence has made breakthroughs based on the application of artificial neural networks and deep learning theory.Based on massive Internet data and powerful computing power,its application in different fields is also Presenting new vitality,including smart education,smart finance,smart home and intelligent transportation.In particular,Alpha Go,an artificial intelligence Go robot developed by Google Inc.,beat the world's number one Chinese Go player Ke Jie as a node.People suddenly discovered that artificial intelligence has surpassed the limits of human cognition and can be defeated human subject in specific fields.As a result,members of society are thinking about the challenges brought about by ethics and social order,when they enjoying the convenience brought by the development of artificial intelligence technology.Specific to the application product of artificial intelligence technology--artificial intelligence products,which is based on artificial intelligence as the basis of mass data information,and uses the artificial intelligence programming designer's preset program as the medium,through the independent analysis,selection and combination of the data.The creative results that result from the combination have been closely linked to people's daily production and life.For example,the modern poetry collection "Sunshine Lost Glass Window" created by artificial intelligence Xiaobing has been published and distributed in China.Artificial intelligence composer AIVA won the first non-human membership of the French and Luxembourg Composers Association.And the artificial intelligence program Obvious,which can create autonomous paintings,has a high price of 3million yuan,etc.All of the above make different types of artificial intelligence products active in different social,economic and cultural activities.Then,the new things developed for the accompanying technology of artificial intelligence products have great economic development potential and value connotation.And when the violation of the economic value continues to occur,how to deal with the disputes in identity cognition,attribute definition and legal application is the starting point and ultimate goal of this paper.However,as a statute system country,China's legal regulation of things always shows a significant "time behind" with the development of technology.In particular,the law,as an institutional norm that maintains the normal order of society,adheres to the last line of defense to protect the legitimate rights and interests of members of society.Therefore,when targeting artificial intelligence products of specific types,such as poetry,novels,music,paintings,and computer programs,these external representations and contents are similar to those of the copyright law of China.Whether it has the necessity and feasibility of being protected by China's copyright law is a proposition that we need to solve.First of all,in view of the fact that artificial intelligence belongs to the technical achievements of multiple disciplines,it has different definitions under different theoretical research schools.This paper tends to combine the evaluation criteria of different schools and define it as an intelligent product created by human intelligence and with humanized characteristics in thinking mode and behavioral expression.Then,due to the wide application field of artificial intelligence,the specific performance of artificial intelligence products as their products is also diverse.However,since this article uses the Copyright Law in the intellectual property legal system as the research field,the discussion on the legal protection of artificial intelligence products only applies to specific types.That is to say,it is limited to artificial intelligence products in the field of literature,art and science,including text results,art achievements,music achievements,computer software and so on.In fact,compared with the specific legal provisions such as the Civil Law,the Patent Law and the Anti-Unfair Competition Law in China's existing legal system,the application of the Copyright Law to protect the above-mentioned types of artificial intelligence products is justified and rationality.On the one hand,its rationality is reflected in the fact that the artificial intelligence product is externally indistinguishable from the copyright protection object in its external manifestation and content.On the other hand,artificial intelligence products have realistic economic and social impacts,and their protection is beneficial to maintaining the cost input and contribution of the relevant entities involved,with fairness and substantial legitimacy.Secondly,since the statutory principle of intellectual property rights is the basic principle of the intellectual property legal system,it is of course applicable in the legal system of copyright.Then,if we want to apply the Copyright Law to protect artificial intelligence products,the main issues that need to be demonstrated include the following three.The first,whether artificial intelligence has the qualification to become the legal subject of copyright,this means that we need to demonstrate the qualification of the legal subject of artificial intelligence.In fact,for the answer to this question,we need to start with the emergence and development of the legal body itself.Because whether it is a human subject of a biological person,or a non-biological subject such as a judicial person or other organization,its becoming a legal subject has experienced a development process from scratch,from biological to legal person,and belongs to the development of the times and The result of the direction of history.Then,when artificial intelligence has the right and ability to act,it becomes reasonable to become a civil law subject.In particular,under the support of labor theory of value and utilitarianism,creative labor based on artificial intelligence is essentially consistent with human creative labor,and the results of its creation also have a positive influence for social material civilization.development.Therefore,artificial intelligence has become the legal subject of copyright and has theoretical legitimacy.In addition,in view of the current legal provisions of China's "Copyright Law",the copyright owner or the author's qualifications do not have the limitations of biological people,so artificial intelligence has become a legal subject of copyright in China also has realistic possibilities.The second,whether the artificial intelligence product itself is a work in the sense of copyright law.When analyzing this issue,it focuses on the provisions of the Copyright Law of China on the qualification of objects.The object is required to formally belong to the field of literature,art and science and is reproducible,and is essentially an expression of thought or emotion and is original.After all,the copyright law itself protects the external expression of thought or emotion rather than the thought itself.Specifically,artificial intelligence products exist as textual achievements,musical achievements or painting achievements.They are the results of artificial intelligence based on existing works as the basis for creation.The satisfaction of formal elements is not controversial.The key is that the satisfaction of the essential elements.According to the content of artificial intelligence products,it can be seen as an objective bearing of knowledge,which can make the human subject resonate with thoughts or emotions,neither identical nor similar to existing works,nor a simple description of objective facts.On the contrary,it is that artificial intelligence itself presents its thoughts through independent creation,so it has the originality and external expression of ideas,which can meet the substantive requirements of copyright objects.In summary,the artificial intelligence product can meet the requirements of the formal constituent elements and substantive constituent elements of the copyright object.The third,it is the question of how the copyright ownership of artificial intelligence products should be determined.Since copyright ownership itself is an important part of the legal system of copyright law,its rationality directly affects the implementation effect of the legal system of copyright and the realization of institutional goals.Therefore,in view of the fact that the current copyright attribution model is established for human intelligent creations,it cannot be directly applied to artificial intelligence products.Experts and scholars from different countries in the world have proposed five possible models for the ownership of artificial intelligence products.Including copyright belongs to artificial intelligence and "virtual legal personality",copyright belongs to artificial intelligence programming designers,copyright belongs to artificial intelligence users,artificial intelligence programming designers and users for the co-authors and the public domain.By comparing and analyzing the specific content of these models,we can easily find that they have strengths and weaknesses.Therefore,based on the incompleteness of legal personality of artificial intelligence,this paper constructs a dual ownership model of copyright that is beneficial to the effective protection and utilization of artificial intelligence products in the context of China's social and economic development.Finally,in fact,the determination of the legal subject qualification of artificial intelligence itself,the identification of the attributes of artificial intelligence products,and the construction of the attribution model of artificial intelligence products,the ultimate goal is to protect the artificial intelligence products.In view of this,this paper attempts to design a realistic and feasible system that is beneficial to the protection of artificial intelligence products in China by proposing effective suggestions for the protection of artificial intelligence products.The first,analogy applies to the existing “special employment work” protection system in China's current copyright legal system,achieving high efficiency and low cost for the protection of artificial intelligence products.Since the "special employment work" has the same connection with the artificial intelligence product in terms of the ownership of the work and the responsibility mode,it is feasible to apply it to protect the artificial intelligence product.At the same time,because "special employment works" have differences in the legal relationship and specific content with artificial intelligence products,so we can only apply analogy to the copyright protection of artificial intelligence products,rather than directly applicable.The second,Although artificial intelligence products can become works in the sense of copyright law in China,they are essentially different from human intelligent creations in terms of the speed and quantity of creation,so we need to create new standards to protect the copyright of artificial intelligence products.This includes the appropriate improvement of the “creative” criteria for its content and use the registration as a precondition for its statutory procedures for obtaining legal protection of copyright.What's more,the legal protection period for artificial intelligence products is also appropriately shortened and cannot be applied for renewal.The third,We also need to build a perfect infringement supervision mechanism for the copyright protection of artificial intelligence products.Which is means,for the violation of the copyright of artificial intelligence products,we need to focus on the principle of fault liability,and supplement the principle of fault presumption and no fault.Furthermore,the infringement identification standard for artificial intelligence products is based on the “substantial similarity” infringement determination rule,which is embodied by the“general social subject” as the judgment subject and the actual results such as market plunder as the objective measure standard.In addition,due to the potential impact of artificial intelligence products in terms of quantity,scope and economic value,it is enormous compared to human intelligence creations.For the possible negative consequences of artificial intelligence products,we can achieve the risk dispersion of possible damage to artificial intelligence products by establishing artificial intelligence compulsory insurance and tort damage compensation funds.Thereby reducing the cost of creating and using artificial intelligence products,and exerting the positive role of artificial intelligence products to promote the development of China's social culture and realize the Chinese dream of great Chinese nation rejuvenation.