| We are in a period when the intelligent era is gradually approaching.Artificial intelligence is the representative of the intelligent era.The content generated by artificial intelligence and the works created by persons tend to be consistent in external expressions.Whether and how it is protected by the Copyright Law,the current academic circles have not a consensus.In order to solve the judicial difficulties and the development of the artificial intelligence industry,the author use the normative analysis method,the historical investigation method,the law and economics method and the comparative research method to research this topic.To protect the content generated by artificial intelligence is essential for enhancing social wealth,preventing the tragedy of the commons,promoting the development of artificial intelligence technology and industry.Compared to the limited protection by the Contract Law,the Anti-Unfair Competition Law and the Patent Law,the Copyright Law can provide adequate protection for the content generated by artificial intelligence.And the Copyright Law is the most suitable law to protect these content,because it has incentives and it changes according to the change of technology.However,the model of the copyright of narrow sense under the current Copyright Law does not protect the content generated by artificial intelligence.First,it is difficult to clarify it to works because that these content are not created by human’s direct intelligence and there are obstacles to the application of originality standards.Second,it is difficult to determine whom the copyright belongs to because that artificial intelligence,designers,owners,and users are all likely to be the subject of the copyright.Third,it is difficult to clear whether to grant moral rights and how to achieve economic rights.Therefore,this paper proposes two ideas for protecting the content generated by artificial intelligence under the Copyright Law.The first model is to correct the model of the copyright of narrow sense,we need to break through the theory of that works can only created by persons,to incorporate the method of comparing difference in the judgment of originality,to stipulate that the owner of artificial intelligence is the righter,and to follow the principle of freedom of contract.The second model is using the neighboring rights,we need to know that neighboring rights is not only protect the propagator of the works,but also protect people who do not spread works,to ensure that the owner of artificial intelligence is the neighboring righter because the owner contribute much investment,and to give them limited neighboring rights.Compared these two models,we can find that there are more advantages to use the neighboring rights model to protect the content generated by artificial intelligence,because it is more simple in the theoretical reconstruction due to having precedents,it has lots of operability because we don’t need to judge originality,and it has more little bad expected impact on the cultural market.Therefore,this paper propose that the revision of the Copyright Law for reviewing should add the provisions to protect the content generated by artificial intelligence,including the legal concept of the content generated by artificial intelligence,and the owner of artificial intelligence have ten years’ protection of the reproduction right,issue right,information network transmission right and adaptation right.It can not only makeup for the legal protection gap of the content generated by artificial intelligence in China,solve the possible judicial difficulties,but also accord with the principle of interest balance of the Copyright Law.Besides,it can serve guides as a precedent to protect others’ labor and investment not only by spreading works through neighboring rights. |
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