Research On Copyright Protection Of Algorithm-Generated Contents

Algorithm is the heart in artificial intelligence,can also be described as the soul of artificial intelligence.Based on the current intelligent society stage of "algorithm intelligence" and "algorithm general",the artificial intelligence generated contents commonly studied at present are actually algorithm-generated contents.Therefore,this paper selects algorithm-generated contents as the research object of copyright protection,aiming at responding to the problem of copyright and copyright ownership of creative subject caused by automatic algorithm completion in the creation process of works.The core of the algorithm-generated contents is that the algorithm under human-computer interaction has the ability of automatic optimization and autonomous learning.As long as the data nutrients are supplied,the expression in line with human aesthetics can be output.At present,the algorithm-generated contents not only have the appearance of the work,but also have various types.From poems and novels in literature to songs and paintings in art to virtual reality in science,algorithms produce everything.However,the following are the copyright law problems caused by these algorithm-generated contents which have the same appearance as the works.From the point of view of the copyright of the algorithm-generated contents,firstly,the idea expression dichotomy principle has two types of consideration: expression and expression implied ideas,thus forming the first defense of the copyright protection of the algorithm-generated contents.Secondly,even if the principle consideration only expression,but the reproduce and ingenuity of the copyright is requested two core elements can also be difficult to apply,originality,including subjective and objective standard,and subjective criteria tend to be linked with "the personality",objective criteria for "author" this requirement is controversial,but it is difficult to specific divided into subjective and objective standard;At the level of reproduce,the virtual reality type based on the algorithm-generated contents make it difficult to meet the requirements of reproduce as a whole,which is virtual and provides a sense of immersion and experience.Even if the algorithm-generated contents solves the problem of copyright through adaptation,the copyright ownership of the algorithm-generated contents is disputed again.From the perspective of the creative subject of the algorithm-generated contents,it is not the creative subject in the current copyright system that completes the direct process of creation,so the creative subject of the algorithm-generated contents is questionable.The result of the algorithm is based on the participation of multiple subjects,and the subject of copyright ownership needs to take multiple considerations.At the same time,China's Copyright Law has been revised,but there is no conclusion on the copyright protection of algorithm-generated.However,practice precedes legislation,and there have been copyright disputes related to algorithm-generated contents in China,which resulted in different judgments in the same cases.In fact,the automatic creation process of algorithm-generated contents is of great significance to the study of copyright protection in China,which involves not only the algorithm-generated contents,which is an emerging technology,but also the copyright protection of images taken automatically by cameras.In this paper,the concept,characteristics and multi-dimensional value of the algorithm-generated contents are analyzed as the starting point of research,so as to provide theoretical basis for copyright protection based on the relationship between its value and copyright.On the construction of the argument,the author provides the argument for the copyright protection of the algorithm-generated through historical analysis,legal analysis,sociology analysis,evaluation law analysis,interest measurement and economic incentive multidimensional theory.At the level of concrete analysis,the existing copyright protection is divided into the subject and specific ownership involved in the analysis of copyrightability and copyright ownership,aiming to sort out the differences and consensus of legislation,judiciary and policy in other countries,as well as the international trend of promoting the copyright protection of algorithm-generated contents.Through the analysis,it provides a reference for the copyright protection of the content generated by algorithm and even the self-shooting by machine in China.Apart from the introduction,this paper's specific ideas are as follows:Firstly,the chapter is an overview of algorithm-generated contents.Firstly,the concept of the algorithm-generated contents is analyzed,that is,the terms of "algorithm","generation" and "thing" are selected,and the relationship between algorithm and artificial intelligence is extended.Secondly,from the historical development of the algorithm as the entry point,it is emphasized that the algorithm technology dependent on the algorithm-generated contents in this paper is a narrow sense of artificial intelligence algorithm,based on the technical nature of this narrow sense of algorithm,and to explore the subtle between algorithm and creativity.Based on the analysis of the algorithm,the concept of the algorithm-generated is further clarified,the specific characteristics of the algorithm-generated contents are summarized,and the human creation and animal creation related to it are further differentiated.In addition,there are different types of algorithm-generated contents,so it is necessary to divide them into specific categories.It is pointed out that the copyright protection of algorithm-generated contents is due to their "appearance of works".After a more complete interpretation of the algorithm-generated contents,we begin to investigate the value of the algorithm-generated contents in multiple dimensions,and conclude that the algorithm-generated have transaction,perception,communication,policy related values and have close relationship with the copyright system,so as to provide research value for the copyright protection of the algorithm-generated contents.The second chapter is the basic theoretical analysis of the copyright protection of the algorithm-generated contents.From the perspective of the development of the copyright system,the evolution of the copyright system is deeply influenced by the technological change,and the appearance of the algorithm-generated contents has already had an impact on the copyright system,so the copyright system is bound to respond to the algorithm-generated.From the philosophical basis of the copyright system,the theory of "labor property" can provide a theoretical basis for the source of the copyright rights of the products of the algorithm.From the perspective of "work centralism" of the copyright system,the algorithm-generated contents can provide a theoretical basis for its copyright through "subject-object separation evaluation",and help to arrange the ownership of the copyright of the algorithm-generated contents.From the point of view of benefit measurement,the private rights conferred on the product of the algorithm is conducive to the increase of public interest,but the multi-subject participation based on the product of the algorithm needs to be investigated under the benefit measurement.Only the traditional legal theory foundation is not enough,so it is analyzed from the perspective of cross-discipline.From the perspective of copyright value,the symbolic function of a work lies in interactive communication,while the algorithm-generated contents itself,as a symbol that can be interpreted by human beings,can complete the communication function of a work from the level of signifier.From the perspective of incentive mechanism,the tool nature of copyright system provides copyright protection for algorithm-generated contents to realize the public demand.The three and four chapter are the analysis of the copyright of the algorithm-generated contents and the ownership of copyright.Firstly,the copyright of the product of the algorithm is discussed.Based on the protection principle of "thought expression dichotomy" of copyright law,the legislative provisions including copyright protection and excluding copyright protection are divided.As a result,the product of the algorithm is put into the public domain,or become the object of other legal protection.However,the rule of excluding copyright protection can not provide legal protection for the algorithm-generated contents.Countries that include algorithmic products in the protection of copyright objects can use association analysis from computer-generated works,generalized works and derivative works as a reference.Secondly,the object components of the algorithm-generated contents are analyzed in detail.In the present legislative provisions of works,two core elements of originality and reproducibility are extracted and analyzed.In order to identify the originality,the author's personality should be weakened and the objective criteria should be applied to provide reference value for the algorithm-generated contents.To identify the reproducibility,the corresponding remedial judicial practice is adopted to provide reference value for the virtual reality types of the algorithm-generated contents.Thirdly,the creation subject of the algorithm-generated contents is analyzed.At present,the creative subjects of algorithm-generated contents include author based on anthropocentrism and machine author which breaks through the human dominant position,but its root is to solve the problem of copyright ownership of algorithm-generated contents.Finally,in terms of the copyright ownership of algorithm-generated contents,countries without legislative protection of algorithm-generated contents firstly apply the copyright ownership arrangement of employment works and cooperative works through fictional authors in order not to subvert the author system.Countries that use computer-generated works for the algorithm-generated contents use necessary arrangers to determine the exact ownership of copyright,but these two categories usually ascribe them to investors or designers.The fifth chapter examines the current situation of copyright protection of algorithm-generated contents in China.Firstly,the author makes a historical analysis from the subject,object and ownership of copyright,and looks for the possible source of specific recognition in addition to the fact that the product of the algorithm does not explicitly exclude the copyright system in China.Secondly,the author analyzes the copyright judicial practice of the algorithm-generated contents in China,and explores the differences and common points of different judgments in the same case.Finally,the author analyzes the disputes in academic discussion and the inherent defects in legislation from the aspects of subject,object and attribution of the copyright system of algorithm-generated contents in China,and further explores the difficulties in the copyright protection of algorithm-generated contents.The six chapter puts forward some suggestions on the copyright protection of algorithm-generated contents in China.First of all,it is the improvement of the copyright subject qualification of the algorithm-generated.That needs to be based on our country under the system right of the author of anthropocentrism,the author dual mechanism should not be a subject,but also want to see China's copyright system into the road of reform,so as to adopt the way of machine personality,to a certain extent without any human intervention for the future of artificial intelligence to provide a certain legal status.Secondly,it is to improve the work identification of the algorithm-generated contents.In the recognition of originality,it is mainly adjusted through the establishment of the application of objective criteria.In the recognition level of certain form expression,the recognition of objective perception and dynamic replication can be applied to the new types of algorithm-generated contents.At the same time,it provides suggestions for legislative amendments to the Regulations on the Implementation of the Copyright Law.Finally,it is to perfect the arrangement of the copyright ownership of the algorithm-generated contents.That is to draw on the corporate works system of legal creation subject,but directly create the actual user as the copyright owner of the algorithm-generated contents,and adopt the signature mechanism of the public prompt of the algorithm-generated contents and the protection period of the corporate works to perfect the copyright ownership of the form elements.