Breakthrough In The Protection Of Copyright Of Artificial Intelligence Creation And Its Ownership

This article is mainly for the purpose of researching the legal nature of artificial intelligence creations,protecting the rights of subjects related to artificial intelligence creations,and solving the intellectual property issues in the possession,use,profit,and disposal of artif icial intelligence creations.This article mainly uses the comparative research method,the value research method and the literature research method to comb the literature,compare and analyze the extraterritorial systems,and draw the research conclusions.It mainly studies the necessity and feasibility of the protection of artificial intelligence creations.Can the artificial intelligence creations become the subject of copyright,whether it can become the main body of copyright and accept restrictions,enjoy the right,etc.Through the analysis of the concept of artificial intelligence and the positive study of the creation principle of creative objects,and comparing with the current definition of copyright objects in the copyright law of China,the author concludes that artificial intelligence creations do not conform to the constituent elements of the works.When the artificial intelligence creation cannot be identified as a work in the legal sense,the feasibility of using the unfair competition law,a new registration system similar to a trademark,and other three ways of generalized neighboring rights is analyzed from the perspective of breakthrough work concepts.Provide ideas for legislators and recommend that China use unfair competition law to regulate.Finally,in the issue of rights ownership of artificial intelligence creations,we believe that it is appropriate for China to establish new artificial intelligence rights and to protect its creations with exclusive rights.Since artificial intelligence creations cannot constitute works in the copyright law,they need to be protected beyond the scope of the works to protect them within the scope of intellectual property rights.By comparing the author’s opinion,combining the current level of science and technology and social reality,the conclusion is drawn that: through unfair competition Regulation is most effective.In the issue of rights ownership of artificial intelligence creations,it is not possible to directly resolve the issue of whether artificial intelligence can become the subject of rights under the current law framework.It is necessary to establish a new artificial intelligence exclusive right to protect it.