On Ownership Of Artificial Intelligence Generated Contents

Artificial intelligence is undoubtedly one of the most concerned technologies in recent years.The originality and the ownership of the contents generated by artificial intelligence are two of the hotest topic discussing in the copyright field.At present,using artificial intelligence to generate musics,drawings,poems,or other contents has become an important new increase point of economic.However,due to the fact that laws often lag behind the development of technology,there is no legislation to regulate the aforesaid contents at home and abroad.In theorists,different voices have also debated endlessly.Therefore,it is necessary to make a theoretical and in-depth study on the ownership of the contents generated by artificial intelligence,for the purpose of the perfection of the legislation and the promotion of the judiciary in such field.This thesis is about thirty thousand words,a total of four parts.Specific style of thinking,roughly as follows:The first part analyzes the technical process in generating the contents and analyzes the existing legal dilemmas.Firstly,explores the structure of the aforesaid technology process,focusing on the artificial neural network and the deep learning algorithm's operation process.At the same time,compares the technology process with the process of the traditional technologies in generating the contents,highlighting the autonomy characteristics of artificial intelligence,and analyzing the roless of artificial intelligence designers or users in the process.Secondly,bases on the technical process of contents generation,sorting out the existing legal dilemmas:whether the contens shall be considered as works?If the answer is“yes”,who shall own the copyright of such works ?For the first dilemma,this thesis focuses on two major issues,through sorting out the existing viewpoints.Is originality linked to the creation of natural persons? Is there a creative space for artificial intelligence in generating process?For the secend dilemma,basing on labor property theory,the roles provided by artificial intelligence designers or users shall not be considered as creative labor,so it is difficult to treat the designers or the users as authors,also it is hard to treat the artificial intelligence as legal subjects.Moreover,the incentive function of copyright law system also need to be considered.The second part focuses on existing legal dilemmas and explores whether the generated contents enjoy originality.Firstly,with the historical analysis method,sorts out the origin anddevelopment of the originality theory.Secondly,analyzes whether the contents by artificial intelligence enjoy originality:(1)from the history changes of originality and the function of copyright,it is not necessary to link originality with natural human's actions;(2)wih the features of the technical process aforesaid,demonstrates the autonomy of artificial intelligence in generating contents;(3)explores the creative space for the contents generation process,drawing a positive conclusion.Thirdly,from the perspective of cost analysis,analyzes the problems arised from negating the nature of work of the contents generated by artificial intelligence.Finally,it is proposed to adopt a registration system for artificial intelligence works and to shorten the protection period for such works for solving the imbalance of supplyment and the tragedy of anti-commons caused by artificial intelligence creation.The third part discusses whether the artificial intelligence shall become legal subjects.Firstly,historical analysis is used to review the past of legal subject theory for demonstrating the openness of legal subjecst system,sorting out that socio-economic conditions are the main driving force for the change of legal subject.Secondly,discusses whether the artificial intelligence enjoys the rational will and independent characteristic under the current technical background.Then analyzes the feasibility for artificial intelligence as legal subject by sorting out the national strategy,industry status,transaction facilitation and security of artificial intelligence.Finally,clarifies the relationship between artificial intelligence and its designers or users.The fourth part mainly discusses the ownership of works generated by artificial intelligence.First of all,analyzes the ownership of such works under the premise that gives artificial intelligence the status of the legal subject,with the theory of labor assets,the theory of incentive mechanisms and the theory of works created in the course of employment,then makes the conclusion:the ownership of works generated by aitificial intelligence shall belong to the designers or users of aitificial intelligence.Second,explores the ownership of works generated by aitificial intelligence under the premise that denies the legal subjective status of artificial intelligence,with the theory of fruits of real right.Finally,come to the conclusion.