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Research On Content Protection Of Artificial Intelligence Generated Content

Posted on:2020-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhouFull Text:PDF
GTID:2416330572476095Subject:legal
Abstract/Summary:PDF Full Text Request
At the moment,artificial intelligence gradually has the autonomy of human beings,breaking the situation of acting as an auxiliary tool,and even some artificial intelligence has directly participated in the creation.This has improved the efficiency and efficiency of the cultural industry to a certain extent,but it also brought enormous challenges to the current copyright law system.The mainstream view is that the copyright law is designed and regulated around human beings as the main body of creation.It protects the expression of human thoughts or emotions contained in the works.The subject of rights can only be natural,legal or unincorporated.However,some artificial intelligence can generate content autonomously,and its generated content is indistinguishable from human works in form.It is obviously not feasible to regard it as a medium or a tool,such as writing poetry robot Wei Wei",after self-depth learning,generated 25 poems.This kind of generated content has been a lot,and it has brought a series of questions to the copyright law: 1.Is artificial intelligence generating content a work? 2.How is the right subject identified? 3.What are the rights protection content and the term of protection? These problems are all in urgent need of the copyright law to respond positively.However,China's copyright law does not include the content of artificial intelligence into the scope of protection,and the judicial practice experience of countries around the world is also a matter of opinion.Based on this,this paper is based on the development status of artificial intelligence,combined with the relevant provisions of China's current copyright law,the main body of the article is divided into four parts,the specific content is as follows:The first part is an overview of artificial intelligence generated content.First,define the concept of artificial intelligence and organize and summarize its development stage.Then,the concept and characteristics of artificial intelligence generated content are expounded,and the scope of this paper is limited,which lays a foundation for analyzing the copyright protection of generated content.Finally,itexpounds the legislative cases and judicial practice of the three representative countries of the United Kingdom,the United States and Australia,and provides a reference for exploring the protection of artificial intelligence generated content in China.The second part analyzes the necessity and rationality of artificial intelligence to generate content copyright protection.In terms of its necessity,copyright protection is of great significance,such as stimulating the enthusiasm of artificial intelligence related personnel and promoting the dissemination of generated content.In addition,it points out that the current artificial intelligence generated content lacks legal regulation,infringement and infringement will occur,which indicates that it is urgent and necessary to protect copyright.As far as its rationality is concerned,the protection of copyright and the copyright law have the same meaning,which can encourage and stimulate the spread of labor results that contribute to social progress.In addition,artificial intelligence generated content as long as it meets the minimum of creativity and has copyrightability,it should belong to the scope of copyright law protection.The third part analyzes the controversial focus of artificial intelligence generated content.According to the current development status of artificial intelligence generated content,the authors focus on the controversial focus of the authors,and summarize the three copyright issues that artificial intelligence generates content:First,whether artificial intelligence generated content can be identified as works;second,artificial intelligence Whether it can become an author;the third is whether the protection of artificial intelligence generated content can be applied to the idea and expression dichotomy.Systematic analysis of these three problems,it is proposed that the current content is not indistinguishable from human works in form,but artificial intelligence still cannot obtain legal personality,can not become a subject of rights,and the generated content is different from human expression,and cannot be applied.The basic principle of the idea and the dichotomy,and thus it does not meet the requirements of the "work" in the sense of copyright law.The fourth part is related to the artificial copyright protection content copyright protection.Based on the current status and problems of copyright protection of artificial intelligence generated content,as well as the understanding of its qualitative and reasonable division of rights,the system design of the content copyright protection from the top-level design layer is conceived,from protection mode and rights.Relevant suggestions are made on the subject,the content of the rights,the term of protection,and restrictions on rights.This paper mainly analyzes and elaborates on the above four parts,aiming at clarifying the rationality and urgency of the artificial intelligence generated content without the need of copyright law.Drawing on relevant foreign legislation and judicial practice,combined with the relevant provisions of China's neighboring rights system,we will do our utmost to achieve copyright protection for the content generated by artificial intelligence.
Keywords/Search Tags:Artificial intelligence, Artificial Intelligence Generation Content, works, Ownership of rights, neighboring right
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