Research On Copyright Protection Of Artificial Intelligence Creation Crops

The development of artificial intelligence technology makes artificial intelligence can replace human beings to carry out some complicated mental and physical labor,that will reduce the burden of human beings and promote social progress and development.With the advancement of technology,artificial intelligence creation crops came into being,at the same time,it has brought impact to the existing copyright law system,and it has also changed people’s understanding of the concept of traditional copyright law and put forward new challenges to the field of copyright law.Whether artificial intelligence creation crops are protected by copyright has become a major focus of controversy in academic circles.This paper is divided into five parts to study the copyright protection of artificial intelligence creation crops.The first part is the preface,which mainly summarizes and elaborates the background of the topic selection and summary of research status at home and abroad.The second part is about the development status of artificial intelligence creation crops and the institutional dilemma of copyright protection.Firstly,analyzing the development status of artificial intelligence and its creation crops,and summarizing the concepts,types and characteristics of artificial intelligence creation crops,and then combined with the development trend of artificial intelligence and the development of future cultural industry to analyzes the necessity of the protection of artificial intelligence creation crops of copyright from three aspects:market demand,motivation theory and interest balance.Finally,the author analyzes the institutional dilemma of artificial intelligence creation crops of copyright protection from two aspects:the main obstacle and the object obstacle.The third part discusses the opus attributes of artificial intelligence creation crops.Analyzing the judgment standards and existing problems of the works.Then,reconstructing the criteria for opus according to the actual needs based on the current opus standards,such as do not use the intelligence as a precondition for the identification of the opus and the originality is determined by the adopts objective criteria.Under the new standard,artificial intelligence creations crops are identified as works.The fourth part discusses the ownership arrangement of artificial intelligence creation crops.Firstly,the author analyzes artificial intelligence’s own subject qualification and the related interest subjects involved in artificial intelligence creation crops,and then summarizes the foreign legislation and practice on the ownership of artificial intelligence creation crops,and finally,combines with the development status of artificial intelligence in China,establishes the owner-centered ownership of rights.The fifth part is about the protection mode selection and system construction of artificial intelligence creation crops.This part analyzes the shortcomings of separate legislation and neighboring rights protection.Under the existing legal framework,the author advocates the use of copyright to protect artificial intelligence creation crops.According to the particularity of artificial intelligence creation crops,the author puts forward feasibility suggestions for the construction of the exercise of copyright rights,protection period and tort liability mechanisms.