On The Right Ownership Of Artificial Intelligence Creation

Artificial intelligence is the crystallization of human science and technology development and continuous innovation.The emergence of artificial intelligence technology not only brings unprecedented changes to the development of society,but also challenges the existing legal system.Different from the previous use of machines as an auxiliary tool for human beings,the progress of science and technology has enabled AI machines to have the ability of deep learning and start to get involved in the creation of works.For example,in the field of literature and art,Microsoft's artificial intelligence robot Xiaobing has created and published his personal poetry collection "the sun has lost the window".In the music field,artificial intelligence systems have also been able to create beatle-style pop music through in-depth learning,and Gao Xiaosong,a veteran beatle fan and famous musician,has said that it is impossible to distinguish between music made by robots and music made by human.In practice,the differences between artificial intelligence creations and human works are becoming smaller and smaller,but there are still great difficulties in obtaining the same protection as human works in law.In this paper,the core of AI creations is to determine who the copyright belongs to by confirming the attributes of AI creations.Firstly,from the concept of AI creations and the development of AI,the development process of AI creations is analyzed;secondly,the qualitative analysis of AI creations in copyright law is analyzed from the perspective of the elements of works;thirdly,the dilemma of the ownership of AI creations' rights in China is discussed from the aspects of theory and legislatio n;secondly,the problems of the ownership of AI creations' rights are discussed.Through the analysis of foreign legislation and judicial practice in order to provide reference for the protection of AI creations in our country.Finally,this paper summarizes the advantages and disadvantages of the theory of ownership of AI creations rights in the academic circles of our country,and gives the author's institutional assumptions on this issue.The aim is to find a reasonable and legal copyright protection path for the rapid development of AI creations,and to ensure the harmonious coexistence between human works and AI creations.