Research On The Copyright Ownership Of Artificial Intelligence Products

As a product of the new social era,artificial intelligence has received extensive attention from the state and the society.With the development of technologies such as big data and deep learning,artificial intelligence has gradually penetrated into the fields of literature,art,and science.They have begun to participate in creative activities such as writing,painting,and creating music.Whether the products produced by artificial intelligence have issues such as copyrightability and rights attribution have become the research hotspots in the context of the new social era.For the study of these issues,the academic community has not yet formed a unified understanding,and the copyright law has not given a clear response.The right ownership system is an important part of the intellectual property legal system.How to accurately locate the copyright ownership of artificial intelligence products is a problem that China's copyright legal system should face.For the study of this problem,we should start with an objective understanding of artificial intelligence products.With the development of artificial intelligence theory and technology,artificial intelligence products have been given new technical connotations.There are many types of artificial intelligence products,which can be divided according to different classification standards.The development of artificial intelligence technology has experienced three waves.Nowadays,it is in the third wave of artificial intelligence.Under the promotion of big data and deep learning,artificial intelligence has shown new vitality in the field of literature and art science.Into the production mechanism of artificial intelligence products,artificial intelligence has the autonomy to express content,but can not ignore the role played by people.Similar to human works,artificial intelligence products also have different phenomena,but they show unique advantages in terms of output cost,output efficiency,and output quality.Whether artificial intelligence products are copyrightable is an important part of their copyright ownership research.At present,there are three kinds of viewpoints in the academic world: affirmative,negative and compromise.These viewpoints are based on the assumption that artificial intelligence is the sole subject of artificial intelligence.Artificial intelligence realizes the autonomy of expressing content,but it still cannot get rid of human control in the aspects of creation initiation and end of creation.From the perspective of legal doctrine,artificial intelligence products may satisfy the requirements of “intellectual achievements”,“originality” and “replicability”.For artificial intelligence products that satisfy these requirements,they should be identified as works in the sense of copyright law.In addition,the copyrightability of artificial intelligence products has the significance of promoting the development of artificial intelligence technology,promoting the prosperity of cultural undertakings,avoiding the occurrence of nickname content problems,and maintaining the balance of interests.Based on the particularity of the artificial intelligence product,it is necessary to exclude artificial intelligence products that do not have the appearance of the work,do not conform to the constituent elements of the work,and are explicitly excluded by the copyright law,and are excluded from the scope of protection of the copyright law.The disputes on the copyright ownership of artificial intelligence products are roughly divided into three aspects: public domain theory,legal drafting theory,and personal speaking.In the current stage and in the reasonable expectation of the future,the public domain said that the law has a lot of inconveniences.In contrast,the personal statement is more realistic.There are many opinions expressed by the constituents.Most scholars have their own limitations.The scholars' interpretation of the relationship between artificial intelligence and human tools has expanded the thinking of the copyright attribution path.Based on the relationship between artificial intelligence and human beings,this paper puts forward the viewpoint of tools.The tool theory has a certain philosophical foundation,legal basis and realistic foundation.Moreover,it plays an active role in promoting the development of artificial intelligence technology,maintaining the stability of the legal order,and promoting the prosperity of cultural undertakings.It is the best path for the ownership of artificial intelligence products.Based on the tool theory,with reference to the current copyright law rules,specific arrangements can be made for the copyright ownership of artificial intelligence products.At present,China's copyright legal system has not yet made a clear response to relevant issues,and the current application of the current copyright law rules lacks a corresponding legal basis.It is necessary for the law to clearly define the legal attributes of artificial intelligence products,the general principles of copyright ownership,and the copyright ownership of special products,so as to effectively solve the application obstacles of the tool theory and make proper arrangements for the copyright ownership of artificial intelligence products.