Research On The Copyright Of Artificial Intelligence Creations

Since 2011,artificial intelligence has entered a new stage of explosive growth,making artificial intelligence the core force of the fourth industrial revolution and industrial transformation.Artificial intelligence promotes the overall jump of social productivity,promotes industrial upgrading,and drives the rapid development of “smart and unmanned economy”.How to ensure the healthy and safe development of artificial intelligence has become a common concern of mankind.In fact,many countries have brought the development of artificial intelligence into the orbit of rule of law.In July2017,the State Council also issued the New Generation of Artificial Intelligence Development Plan.Since the serious traffic accident of the “Google” company's driverless car in 2015,the legal problems caused by artificial intelligence have caused the academic community to ponder.Artificial intelligence has become the most important technological advancement in human history.This is an indisputable fact.At the same time,the problems of law and ethics caused by artificial intelligence have become increasingly prominent,bringing new challenges to the current social order and public management system,and it is necessary for legal researchers to contribute wisdom.The civil legal issues involved in artificial intelligence include subject qualifications,intellectual property rights,infringement,personality,etc.,many of which conflict with existing legal systems.Specifically,in this paper,the role of artificial intelligence in the field of copyright has changed from the auxiliary tools of creation to the direct bearers of creation.This change of role confuses the relationship between subject and object in the private law system,and impacts the traditional copyright theory centered on the “human author”.Three years ago,the European Commission's Legal Affairs Committee submitted a motion to the European Parliament.For the first time,the European Union Commission was asked to give the artificial intelligence robot an “electronic person” identity,and to give these artificial intelligence robots legal rights,labor rights,etc.Rights and obligations.In 2017,Saudi Arabia first granted a female” robot Sophia citizenship.“She”also participated in the “Future Investment Plan” conference held in Riyadh to communicate with humans.These obviously impacted the traditional civil subjectsystem,and also gave a new direction to the study of law,and this influence cannot be ignored by law.So,should legislators be granted qualifications for artificial intelligence legal subjects? In addition,the creation of artificial intelligence has also attracted the attention of relevant personnel.On October 25,2018,a human self-portrait created by artificial intelligence was auctioned at the Christie's New York auction and eventually sold for more than $432,500.When the auctioneer made a final decision,a historic moment came into being.In 2016,at the “Star Newcomer” competition of the third Nikkei News Agency in Japan,the “The Day of Computer Writing Novels” created by the artificial intelligence of the future public library of Hakodate,Japan,passed the preliminary round.These may not be good news for painters and writers,at least painting and writing are no longer the exclusive rights of human beings.So,is the creation of artificial intelligence a “work” in the sense of copyright law? If so,who is the copyright of the artificial intelligence creation? The above three major issues together constitute the main content of this paper.The analysis of the copyright of artificial intelligence creations shows that the civil subject qualification dispute of artificial intelligence has become an insurmountable problem in this paper,and it is also the basis and difficulty of this paper.The attribute of artificial intelligence creation is an important topic in this paper.The issue of copyright attribution is very controversial,and there are many viewpoints.This paper is divided into four parts.The first part puts forward the research questions in this paper.Specifically,it is derived from the example of artificial intelligence creation,followed by the commercial value of artificial intelligence creation,the interest attribution and distribution of artificial intelligence creation,the impact of artificial intelligence creation on traditional copyright theory and the artificial intelligence creation for copyright.Four questions of the significance of law research.The second part is the main part of this paper,mainly for the theoretical analysis of the three major issues.Firstly,research is carried out on the basis of legal theory.Secondly,it elaborates and summarizes the opinions of several doctrines and practices in the academic circles at home and abroad.Finally,the author gives his own comments and opinions on the three major issues,revealing the use of copyright law to protect artificial intelligence.Thenecessity and feasibility of the creation.The third part is the possible way to solve the research problems in this paper.One way of thinking is to use existing legal resources to solve this problem.For example,we should start the legislative amendment of Copyright Law,use the existing civil “fruits” theory to solve the problem,and use the adjacency right to protect artificial intelligence creations.Another way of thinking is to carry out institutional innovation.For example,special legislation on artificial intelligence is carried out in a timely manner;the basic theory of copyright law is reconstructed.The fourth part is the conclusion of this article,including conclusions,innovations and shortcomings of the thesis.From the perspective of traditional copyright law theory,since the current artificial intelligence does not have the possibility of granting legal subjects,the author suggests that the legislators confirm the works attributes of artificial intelligence creations from the legal level,and clearly determine the attributes of their works.The main criteria-originality and significant market value.The copyright of the artificial intelligence creation is attributed to the designer of the intelligent software program,because the designer has paid a creative effort to make a substantial contribution to the completion of the artificial intelligence creation.If strong artificial intelligence possesses the ethics and morality of human society and also has an independent will,it does not rule out the possibility that future legislators will grant qualifications to their limited civil legal subjects.After possessing the civil subject qualification,the copyright of the artificial intelligence creation can also be attributed to the strong artificial intelligence itself.There are many ways to solve the problem of artificial intelligence creation.No matter which angle we start from,we need to reconstruct the basic theory of copyright law.For example,the “human audience” is the new theoretical basis.However,the risks and difficulties of breaking through the traditional theory are very large,and it is worthwhile to continue to carry out research.