Research On The Copyright Protection Of Creation Generated By Artificial Intelligence

The third artificial intelligence upsurge,which is characterized by deep learning,has brought almost subversive proposition to the copyright field.The rise of this technology has changed the traditional role orientation of machines as only auxiliary tools for the creation of works,gradually replace human beings to become the main creator of creation.The application of artificial intelligence technology in the creative field to satisfy the increasing diversity of the spiritual and cultural needs of the public,has undoubtedly become the main trend to supply the modern cultural products,but it is obvious that the current Copyright Law in China can not provide a reasonable solution for the integration of the non-human subject into systematism.The traditional theory of copyright law,which is based on the author's unique personality,usually negates the originality of the creation itself by its lack of subjective qualification when analyzing the creation of artificial intelligence,in turn,artificial intelligence works are excluded from the scope of the adjustment of copyright law.But in the context of the intellectual age,copyright law obviously cannot be left alone,in the context of copyright law,it is clear that the attribute of creation generated by artificial intelligence and the ownership of rights,and explore the protection mode of this kind of object,is of great practical significance.Firstly,this paper combs the theoretical obstacles that may exist in the protection of creation generated by artificial intelligence by using copyright law.Focusing on the two controversial points of originality judgment and subject determination,the author carries out the theories one by one,The final proof should be objective to judge the originality of artificial intelligence creation,and by the main person in charge of this kind of works hold the copyright.After clarifying the above conceptual crux,this paper also briefly discusses what protection mode should be adopted for creations generated by artificial intelligence at present,which is more reasonable and operable.In addition to the introduction,the text of this paper is divided into four parts:The first part,discusses the necessity of bringing the creation generated by artificial intelligence into the field of copyright from three angles:the technical status,the theoretical obstacles,and the feasibility analysis of non-copyright protection approaches.The rationality is interpreted and analyzed systematically.The second part,in order to avoid falling into circular argumentation,on thepremise of excluding the consideration of subject factors,the qualitative analysis of creation generated by artificial intelligence is carried out first.The author thinks that "intellectual achievements" can not really distinguish the characteristics of works,and should be revised as "expression" and downplay the main factors in the concept of works.In view of the problem of originality judgment,it can't simply be denied on the basis of human contribution,proposal guided by the theory of results,from the point of view of economic analysis of the cost of subject identification,the author thinks that,the originality of creation generated by artificial intelligence should be objectively identified under the technical background that it is difficult to distinguish between creation generated by artificial intelligence and human works.Then it leads to the following argumentation on the issue of copyright ownership of creations generated by artificial intelligence.The third part focuses on the theoretical analysis of the copyrights of artificial intelligence creations after the consideration of the subject.The ethical crisis caused by artificial intelligence from outside the copyright system and the discussion of human characteristics;The post-modernism interpretation of "author-works" in the system holds that,the core of the interpretation of the author's concept should lie in the function of controlling property,rather than in the ethical panic,and should pay more attention to the regulation of economic order,respond to social needs.The 4th part based on the first three parts of the ideological correction,combing the current law and judicial practice in developed countries to creation generated by artificial intelligence regulation legislation exploration,compared the theoretical defects of various theories.The author puts forward that the copyright of creation generated by artificial intelligence should belong to the subject who has the main responsibility for the creation.After comparing and analyzing the feasibility of bringing creation generated by artificial intelligence into the current Copyright Law.It is suggested that in order to meet the demand of creation generated by artificial intelligence,and to consider the cost of legislation,we can draw lessons from the legislative approach of intellectual property law itself and the path of copyright protection of design,computer software,etc.At this stage,We should balance the interests of investors and the protection of copyright in public domain.