Research On Copyright Of Artificial Intelligence Creation

At present,China attaches great importance to the development of artificial intelligence industry.Artificial intelligence creations are enriching the spiritual needs of human beings in literature,art and science,but their copyright issues have not been solved,mainly in artificial intelligence.There is considerable controversy in the identification of the nature of the creation,the definition of the status of artificial intelligence,and the identification of artificial intelligence creation.Through the reference to the copyright practices of artificial intelligence creations in the United Kingdom,the United States,Japan and international organizations,China's response measures on this issue are obtained.In the process of determining the nature of artificial intelligence creation,from the weak artificial intelligence to the strong artificial intelligence,artificial intelligence has been able to "create" intelligent creations that meet the external requirements of "work".The focus on the identification of the nature of artificial intelligence should be placed on the judgment of"originality".According to the dichotomy of "thought and expression",the revealing of thoughts and emotions is not an inevitable requirement of originality.The expression of originality should tend to adopt objective criteria,weaken the factors of"human",and the external expression can distinguish it from the existing works as the basis for judging,and affirm the attributes of the works of artificial intelligence creation.In the definition of the status of artificial intelligence,according to the basic principles of private law,the subject and object can not be converted,artificial intelligence as a subject of rights,can not enjoy copyright on the creation,and based on anthropocentrism,artificial intelligence is difficult to be granted legal subjects.In the attribution of artificial intelligence creation,from the perspective of copyright incentives,artificial intelligence designers,users and owners who associate artificial intelligence creations with human subjects and have connections with artificial intelligence creation processes can be considered.Make specific choices.In view of the copyright protection and use of artificial intelligence creations,using the method of legal drafting,drawing on the legal person's work system,the artificial intelligence owner can be identified as the right subject to resolve the problem of ownership.Therefore,the artificial intelligence creation is recognized as a work,and the copyright is given to the artificial intelligence owner.It does not cause sub-versive damage to the existing legal system,and can reasonably respond to the impact of the intelligent era on the existing system,so as to be more inclusive.The copyright system promotes the development of the artificial intelligence industry.