Research On The Confirmation Of Copyright Of Artificial Intelligence Production

Artificial intelligence is one of the greatest invention of the technical age,while there exists many social risks.Artificial intelligence technology brings new ways of creating things,these methods also influent the order of human society,especially the challenges to the norm of law,in which there may occur some conflicts between the issues of copyright law,personal right,civil subject,tort and the existing norm of law,and they are even overturning the traditional legal cognition and at the same time they reflect various faults inside and present legal system.Practices have already been involved in the tort of copyright of creations.The legal system at present doesn't mention about what kind the copyright protection should be given to the creations of artificial intelligence,so the problems of tort of copyright of this kind creations cannot be solved naturally.This paper aims at analyzing the cognition of the copyright of artificial intelligence creations.The whole paper is divided into four chapters.Chapter one first states the concept,features and types of artificial intelligence creations,and separates artificial intelligence into weak artificial intelligence and strong artificial intelligence based on the working theory and also separates artificial intelligence creations into primary artificial intelligence creations and advanced artificial intelligence creations.Chapter two mainly mentions the two major problems of the cognition of the copyright of artificial intelligence creations.One is that whether artificial intelligence creations can be recognized as works.There exists huge conflicts between the present legal system and the theory analysis towards this issue,in which the standards to judge the originality of the work is the core of regarding artificial intelligence creations as works.The other problem is that the copyright ownership of artificial intelligence creation is still not clear,that the scholars at home and abroad hold different views of conferring the sovereign status of artificial intelligence copyright.Chapter three is the explanation of the first question.The author thinks that artificial intelligence creation can be regarded as work because it satisfies the two components of being a work---substantive components and formal components.Substantive components explain the understandings of the originality of the creation,while the formal components support the idea that artificial intelligence creations are works from three perspectives---the expression,the content and the replicability of artificial intelligence creations.Chapter four is the responding to the second question.The author holds the point that the copyright ownership should belong to the owner of the artificial intelligence creation.The author first analyzes the principles and deficiencies of the property ownership mentioned in the present copyright law,and the results tell that it is the best choice to regard the owner of the artificial intelligence creation should have the copyright ownership.This standpoint is used to contradict the assumption of other subjects of artificial intelligence creations(investors,designers and users)in the present theory.Investors,designers and users cannot be given the copyright ownership but they are closely related to artificial intelligence creations.Considering that the institutional arrangement of these three subjects is highly vital,at the end of this paper,the institutional arrangement of these three subjects will be discussed from the perspective of the relationship between owners and these three subjects.