| Because artificial intelligence generated content's copyright practices are awaiting legal characterization in our country,the primary problem faced by the artificial intelligence generated content to be protected by the current "Copyright Law" in China is:Does it constitute works of authorship in China's Copyright Law?This is a precondition logic to prove whether it is protected by the neighboring right of China's Copyright Law,because the objects protected by neighboring rights are non-works of authorship.After defining the connotation of the "artificial intelligence generated content" of the research object in this paper,it was found that the main obstacle for artificial intelligence generated content to constitute works of authorship is whether it satisfy the intellectual achievements of the works of authorship.Mainly for this focus issue,this article explains the normative meaning of the works in China's Copyright Law.The reasons why the paper does not consider that it does not constitute a work on copyright law in China are as follows:1.Because artificial intelligence generated content is a result of the application algorithms,templates and rules,people in the production of the entire content only to provide basic data and other ancillary work,and did not conduct any substantive and legally creative behavior.2.As far as this automated process of artificial intelligence generated content is concerned,people do not integrate personal subjective feelings and thoughts into the final output of artificial intelligence.These contents do not contain the individual's expression of personality and are not originality from the perspective of subjective creative process.3.And artificial intelligence that can automatically generate content does not accord with the main qualifications of the creation of works.Only natural persons can conform to the main qualifications of the creation of works.Although the content generated by artificial intelligence may have the extrinsic expression of works,it is actually the result of the running of programs,is a typical machine output,is not human intelligence required by works of authorship,therefore,artificial intelligence generated content cannot be identified as works of authorship and protected by the China Copyright Law.This article also refutes the representative opinion of the academic community in favor of that artificial intelligence generated content constitute works of authorship.The contradiction between objective facts and legal facts arising from the identification of artificial intelligence generated content is an unavoidable objective judicial phenomenon,because it essentially belongs to the contradiction between objective facts and legal facts caused by procedural law evidence rules.The legal provisions of the "Copyright Law" on the identification of works will not change because of the existence of such circumstances,and there is no need to make any changes to it.Next,the paper analyzes the issue of neighboring rights protection for artificial intelligence generated content.Because the subject and object of China's neighboring rights are specific,the neighboring rights of the "Copyright Law" in China can only protect certain specific artificial intelligence generated content.Therefore,most of the artificial intelligence generated content is not protected by our country's Copyright Law,in particular,those that are generated by artificial intelligence and are indistinguishable from the works protected by the copyright law in external manifestations.Next,in view of the above status of copyright law protection of artificial intelligence generated content and its own characteristics,this article discusses the legitimacy and rationality of newly established neighboring rights to protect artificial intelligence generated content.Draws lessons from the system experience of domestic and foreign neighboring rights,This paper tries to put forward the principle suggestion to the future copyright law in our country to newly establish neighboring rights to protect the artificial intelligence generated content.This paper suggests that the system of the neighboring rights protection of artificial intelligence generated content should include the necessary separate legal provisions such as subject of rights,object of rights,content of rights,attribution of rights and the term of protection of rights.Other rules such as the restriction of rights and the protection of infringement may apply to the existing relevant of copyright law rule. |
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