Research On Copyright Protection Of Artificial Intelligence Creation

Artificial intelligence,as its name suggests,is a discipline based on the study of human intelligence and developed to simulate the expansion and extension of human intelligence.Since its birth,the machine has been playing the role of an auxiliary tool for human beings.However,in recent years,the development of artificial intelligence has started a rapid development mode,and the development and reform of artificial intelligence technology are changing with each passing day.It is more and more popular in social life.Compared with the development achievements of intelligent technology in the past,the current artificial intelligence program does not stop at the stage of selecting and arranging data resources,but enters the stage of deep learning,and can carry out"independent"creation through the simulation of human thinking mode and logical judgment.For example,Microsoft designed an artificial intelligence named"little ice",which carried out deep learning based on the accumulation of a large number of information resources,and created the first collection of artificial intelligence thinking poetry"sunshine lost the glass window".In this collection of poems,a large number of rhetorical devices are used,among which more than 60%of word collocation has never appeared in the materials accumulated systematically.It is hard to imagine that such a high level of poetry with both rhythmic beauty is created by the artificial intelligence system.It can be seen from the level of poetry has been not equal to the height of human creation,even in many ways higher than the level of some ordinary human works of creation.With the continuous progress of technology,some works created by artificial intelligence,such as paintings,music,SMS and so on,are more and more close to human creations and even difficult to distinguish.It has the same property as the expression form of human works,but in the sense of traditional copyright law,the work should be the result of the intellectual work of natural persons.In view of this,the research on this issue will be carried out from two aspects in this paper.Firstly,the nature of artificial intelligence creations and whether they have the properties of works will be discussed with the theoretical analysis method.Then,on this basis,it discusses the ways to construct the copyright protection of artificial intelligence works.To explore the protection problem,we must first recognize the concept type and development status of artificial intelligence and its creation,and then reveal the risks it brings to the society based on the analysis of the bright prospect of artificial intelligence creation in the Internet era.At the same time,from the perspective of social stability and development,the paper expounds the current situation that ai creations are in urgent need of protection.Based on this,the necessity and feasibility of adjusting the copyright law of artificial intelligence creations are discussed and analyzed.From the economic and social reality of the industrial demand,from the copyright system of interest balance principle,the lack of legal regulation system and security needs,elaborated the real need to give artificial intelligence creation copyright protection;On the other hand,starting from the basic principles of the copyright system,this paper analyzes whether artificial intelligence creations can constitute works and the feasibility of accepting the protection of the copyright system in terms of the originality standard,creation height and protection expression of works.The analysis thinks that the subjective originality standard has the fuzziness of the standard connotation,which is difficult to unify and is not conducive to the recognition of works in practice.We should properly absorb the understanding of objectivism standards,pay attention to the social and economic value of creations,remove the unnecessary restrictions on the creation of works,and focus on the protection of expression,so as to determine that the results of intelligent creation can meet the composition of works.Finally,through the analysis of the former two parts,in recognizing present copyright law to protect the identity of the author under the premise of system obstacles,respectively from the legal fiction,anti-unfair competition law and the creation of new relating right from several aspects,discussed to construct our country copyright protection system framework of artificial intelligence creation mode,and create new relating right pattern were analyzed main problems such as the right content,attribution,time limit Property rights should be set as the content,and the protection period should be shortened appropriately.The subject should be set as the owner of artificial intelligence or the user in the case of the separation of the owner and the user.With the continuous progress of technology,the integration between the intelligent field and human social life is getting closer and closer.The study on copyright protection of intelligent creation results is only a small part of the legal research in this field,and there are still many legal issues that need to be further explored and explored.