| The rapid development of artificial intelligence technology and the extensive demand of market economy have provided a broad area of research for the legal regulation of artificial intelligence creation.The commercial utilization of artificial intelligence creation is another manifestation of the business opportunities brought by technological change.The copyright protection of artificial intelligence creation also poses a strong challenge to the traditional theory of copyright determination,and at the same time has aroused widespread heated discussion among intellectual property scholars.As a response to the copyright challenge posed by the artificial intelligence creations,a new type of theoretical form and institutional model-the copyright registration system for artificial intelligence machines-came into being.From the theoretical level,this paper traces the basic concepts of artificial intelligence creation,classification and copyright,and explores the copyright protection and legislation mode of artificial intelligence creation with the legislation and practice of extraterritoriality.It is of great significance to promote the creation of artificial intelligence Legal regulation and the legislative changes of "Copyright Law" in the context of the formulation of "Civil Code" are of great significance.The development and change of artificial intelligence technology is changing with each passing day.In sharp contrast with the achievements of the past few decades,artificial intelligence machines are no longer simple screening and integration of massive data but have new and deep learning capabilities that can mimic the human brain Thinking and reasoning mode creation,introduced by Microsoft’s first artificial intelligence collection of spiritual poems "lost glass sun window" is the result of the application of this technology depth.In May 2017.an AI author named Xiaobing repeatedly and in-depthly studied on the basis of extensive accumulation.After reaching a certain degree of "stimulated by inspiration," he eventually created this artificial Intelligent poetry.In this collection of poems,more than 60%of the words and phrases and rhetorical devices have never appeared in its "accumulated" poems."The shadow is in the autumn newspaper,separated by a fantastic ocean" The poem is also from Xiaobing,and it can be said that this artificial intelligence creation has become as common as human works,and even higher than some human works to some extent.With the publication and wide spread of this collection of poems,the copyright issues encountered have also come along.First and foremost is copyright infringement.A series of online piracy occurred despite the publication and distribution of the "Sunshine Lost Window," though it was stated in the "Poet Xiaobing" copyright notice:"Microsoft Xiaobing is based on Artificial Intelligence and Emotion Calculation Framework,through the deep study of hundreds of famous poets in modern times,accomplishes poetry independently and autonomously.Therefore,poet Xiaobing also possesses the copyright,As human beings,do not plagiarism."However,such a statement does not stop an endless stream of piracy and plagiarism.Under the framework of the existing copyright system,only the object of copyright protection can only be a human work,and the emergence of artificial intelligence works breaks the rules of determination under the framework of this system.If not studied and protected,It is possible that such artificial intelligence creations may not be identified as works and therefore not protected by copyright.Already,artificial intelligence creations have challenged the existing copyright system.Whether artificial intelligence creations can become works and thus become the object of copyright protection has become a difficult problem to be rethought.This article,on the premise of introducing the concept and development of artificial intelligence,explores the classification and copyright reasonableness of artificial intelligence creation,and studies the current legislative exploration and judicial practice outside of the field.Then it puts forward that the artificial intelligence creation meets the original standards It can become the viewpoint of the work,and has carried on the preliminary discussion to its rights attribution,and the new system design that this proposes-the copyright registration system.The copyright regulation of artificial intelligence works should be divided into three steps:one is to divide the work with the human works;the other is to improve the original standards and shorten the protection period;the third is to establish a copyright registration system to make integrated management of the artificial intelligence creation. |
