| It is not an uncommon phenomenon that Artificial Intelligence(AI)participates in creation in the field of literature and art.The computer program is no longer just a tool aided for works' creation and dissemination.AI with "Deep learning" could take advantage of pre-set algorithms to generate the new content which is unpredictable and uncontrollable.AI has been the subject of works.In the traditional copyright law,works can only be created by natural persons.Creations generated by AI are similar to works of human beings,however,they are not created by human.AI brings a great challenge in copyright law rules.The creations' copyright ability and the attribution of right need to be clear.This thesis includes five sections apart from the introduction and the conclusion which are as follows:In Section One,it summarizes creations generated by AI.At this stage,AI could write news report,draw pictures,compose music and write poems,and could generate a lot of creations for a short time.However,so far these creations generated by AI are still the results of the operation of computer programs,thanks to Big Data and various algorithmic models.AI with "Deep learning",which lies outside human control,is no longer just a tool but a subject.In Section Two,it summarizes the current studies on the copyright protection of creations generated by AI.International organizations leave the issue to countries individually.The United Kingdom firstly gave legal recognition to these creations;influenced by the idea that works can only be created by human beings,the American Copyright Office doesn't recognize these creations' copyright ability.There is no response to domestic policy,mainly academic discussions.In Section Three,it expounds the legitimacy of the copyright protection of creations generated by AI from the angles of incentive theory and balance of interest.Giving the copyright protection to these creations can stimulate the creation of human beings and promote the sustainable development of AI industry.At the same time,this kind of encouragement will not break the balance between the interests of copyright owners and public interests.There are no obstacles to justification for the copyright protection of creations generated by AI.In Section Four,it argues the copyright ability of creations generated by AI.To determine the nature of creations generated by AI has to set aside the subject factor,and then judge whether these creations meet the concept of the work.The nature of the work is expression.In terms of AI,originality is supposed to adopt the American standard of "independent creation with a small amount of creativity",without the requirement of"the author's personality".Except for the narrative news report written by robot reporters,creations generated by AI can meet above requirements.In Section Five,it discusses the copyright ownership of creations generated by AI.AI can't be the copyright subject.In consideration of the decisive role and responsibilities of AI owners in programming,as well as the future incentives to AI industry,we could refer to the system arrangement that investors are regarded as authors.AI programmers,owners and users' agreement ought to be prior,and then,we should set up the right structure focusing on owners. |
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