Research On Copyright Protection Of The Content Generated By Artificial Intelligence

In 2016,China began a blooming year in which the number of AI technology achievements increased rapidly.The emergence of these new achievements has caused considerable friction with the existing legal system.In the existing legal system,the intellectual property law department has been impacted by this new achievement.This is because the existing intellectual property law in China is mainly based on the background of "human" or "fictitious personality",but the legal nature and legal status of AI products have not been determined so far.So there is a heated discussion in the academic circles : which legal system should the AI generation content be based on and which legal attributes should be included in the protection of copyright law.Firstly,the concept and development of AI and AI generation content are roughly sorted out.Through sorting out,it is found that AI development at this stage is in the weak AI stage,but it has also been applied in many fields,and has made many achievements,and AI generation content has also made many achievements in the fields of literature,art and music.However,according to the existing copyright law,there is no relevant legal basis to protect it.The lack of such protection system is not only unfavorable to the development of AI industry,but also unfavorable to the steady operation of the cultural market.Therefore,this paper attempts to introduce the content of AI generation into the concept of copyright,so that it can be protected as the object of copyright.However,in the process of introduction,it is found that due to the unique form,process and content composition of AI generating content,various problems arise when it is incorporated into the copyright system.The new AI generating content challenges the existing copyright system in legislative theory,subject system and object system.And the narrow sense of copyright is impossible to accommodate this new thing completely.When discussing a new thing,we should consider comprehensively.we should consider not only the views of local scholars,but also the relevant views and legislative status of foreign countries.Therefore,through combing the relevant theories at home and abroad and the current situation of foreign legislation,it is found that our domestic scholars have formed three views on whether the content of AI generation can be copyrighted.These scholars have also formed different theories on the ownership of their rights based on the corresponding theories.Although most of the foreign countries agree that the content of AI generation can be copyrighted,but there are only a few countries have introduced specific provisions,and most countries still hold a conservative attitude towards the ownership of their rights.Through the comprehensive analysis of domestic and foreign theories and legislation,this paper argues that for the content of AI generation,the most appropriate and reasonable way to protect AI is to add the type of adjacency right that is to establish the right of disseminator of data and information.By introducing the concept of adjacency right,we can properly protect the legitimate interests of the object of AI generating content and related rights holders.After the introduction of adjacency right,there is no need to change the tradition of identifying “works” and “author” in copyright.At the same time,adjacency right is more in line with the characteristics of AI generated content than copyright in terms of legislative value,object requirement and subject requirement.In a word,through demonstration,it is found that introducing the doctrine of neighbouring right is more reasonable and feasible than other doctrines.Finally,the paper also puts forward relevant suggestions for the specific design of the system,and clarifies the object requirements,right ownership,right content,protection period of the new type of adjacency right-the right of disseminator of data and information.It is believed that this system can effectively respond to the challenges posed by AI and ensure that the AI generated content under the system design can be reasonably protected and regulated by copyright law.