A Study On The Copyright Issue Of Artificial Intelligence Generated "Creation"

Throughout the history of copyright,Copyright is produced under the influence of technology from the beginning.Every technological progress and revolution will bring new impact and challenges to the copyright system.The concept of artificial intelligence has been put forward for more than half a century,because of the relatively slow process of technological development,the impact of the technology on the copyright gradually surfaced until the last few years.In the face of the continuous development of artificial intelligence,copyright law must respond to the impact of new technologies? In response to the impact of artificial intelligence technology on copyright law,it is necessary to start from the understanding of artificial intelligence technology itself.First of all,the development process and basic principles of the technology will be analyzed,then the related fields of artificial intelligence technology and copyright law,which mainly reflected in the artificial intelligence "creations",will be analyzed.In the process of creation,artificial intelligence has replaced the role of human beings in the process of creation.Artificial intelligence can create “works” independently and exclude human beings from the creative process.So,whether is the creation similar to the form of the works copyrightable? To answer this question,we need to analyze the basic theory of copyright.From the perspective of the development process of copyright,although the author's personality factors in the concept of the works are weakening,in the current theory,the concept of works is more or less in contact with the human author,it is unable to get rid of the reality.So,the creations generated by artificial intelligence cannot become a copyrightable works.Because the creation of artificial intelligence contains the interests of investors,and its protection will be beneficial to promote the prosperity and progress of culture,art and science.By analyzing the causes and protection objects of neighboring right,it is reasonable to take the protection of neighboring right model of artificial intelligence "creations".The copyright of those "creations" should be owned by theinvestors of artificial intelligence.There is also a time limit for the protection of artificial intelligence "creations",and a 10-year period is recommended.In addition,the implementation of the right should be restricted by fair use and statutory license.