Research On Copyright Law Protection Of Artificial Intelligence Creations

In the era of big data,with the support of deep learning,artificial intelligence has been applied in various fields.Artificial intelligence has also made great achievements in the field of literature and art.News media such as Associated Press,Tencent and Baidu have used artificial intelligence to compile news releases.Russian Ostagram website can automatically synthesize paintings and Microsoft Xiaobing's poetry collection "Sunshine Lost Glass Window" is amazing to the world.When artificial intelligence saves a lot of manpower and time costs to bring us rich sensory enjoyment,people will question the nature of these literary and artistic achievements.Can AI creations be protected by copyright law as works? Who should the copyright of such works belong to? The solution of these problems will affect the legal positioning of AI and the development prospects of industry,and ultimately affect the order of the whole society.In fact,due to the inherent lag of law,the copyright law protection of AI creations has emerged,mainly as follows: In the aspect of copyright subject,AI legal subject status is not clear,there are obstacles to the ownership of copyright of AI creations;In the aspect of copyright object,it is difficult to carry out AI creations in terms of creative behavior and "originality" criteria.There are different opinions on the objectification of copyright in academic circles;As for the protection mode of copyright law,AI creations can not be directly applied to other laws and regulations,and the current Copyright Law does not specify its protection model;As for the protection content of copyright law,the specific protection content of AI creations can not be determined.By analyzing the necessity and feasibility of copyright law protection of AI creations,drawing lessons from foreign experience and combining with China's national conditions and the development status of artificial intelligence,the main ways to solve the copyright law protection problems of AI creations in China are as follows:(1)Classifying and determining the copyright subject of AI creations: weak AI due to lack of depth learning ability does not have legal subject qualification,and the copyright ownership of its creations is analogous to the ownership principle of computer software works;strong AI is similar to human beings,but there is still a gap,with restrictive legal subject qualification.Without prior agreement,the copyright of its creations belongs to investors.(2)Classify and determine the objectification of copyright in AI creations: weak AI acts as an assistant tool for human creation in the process of its creation,such creations fall into the scope of copyright object after reaching the standard of works;strong AI creations are difficult to form works by analyzing the elements of works from the "originality" standard and the "dichotomy of thought and expression" principle.(3)Classify and determine the copyright law protection mode of AI creations: weak AI creations are similar to computer software works,so this kind of creations should be applied to the protection mode of ordinary works.It is more reasonable to adopt the adjacency right mode to protect the copyright law of strong AI creations on the premise that they do not constitute works.(4)To classify and construct the content of protection: according to the framework of the subject,object and content of rights,preliminary construction is carried out.