Qualitative Analysis And Right Allocation Of Artificial Intelligence Output In Copyright Law

The upsurge of "Internet +" has not yet receded,moreover,the era of artificial intelligence(AI)has been pushed to come by the breakthroughs in technology of big data and machine learning.The poems generated by AI have been published and the paintings generated by AI have been auctioned successfully,which fully shows that some AI generated output are similar in form to human works.However,due to different understanding of the intelligence level of AI,scholars have not yet reached an agreement on whether AI generated output belong to works under the copyright law and there has been no judicial decision allocating rights in AI generated output.Firstly,this paper reviews the development of AI,and concretely analyses the process of AI generating writings,art works and musical works.It finds that in the present and foreseeable future,AI is only a simulation and expansion of human explicit wisdom,and it is essentially still a tool for human authors.Secondly,based on the component of the works,this paper makes a comprehensive investigation of the AI generated output,and argues that AI generated output are the intellectual achievements,which are the expression of the user's thoughts and emotions,and have originality,which means AI generated output belong to works under the copyright law.This signifies that a particular subject could enjoy copyright in AI generated output.Thirdly,this paper proposes that allocating rights in AI generated output to the user of the AI.Because users start and trigger AI directly based on their creative intention,pour their thoughts and emotions into the generation process of AI generated output,and pay intellectual labor.They are the direct holders and controllers of AI generated output.No matter according to labor theory,personality theory or incentive theory,it can be concluded that the rights in AI generated output should allocate to users of the AI.This framework of allocating authorship of rights has the smallest impact on the current legal system,and the effect of setting up rights is relatively good.It has theoretical rationality and feasibility.