Legal Qualification And Protection Of Artificial Intelligence Creation Content

Recently,AlphaGo let artificial intelligence turn back into public view again.Actually,the concept of “artificial intelligence” was put forward in 1956,and it has already penetrated into every aspect of daily life.The news and paintings that are read on weekdays may be created by artificial intelligence.And there has been chat program Eugene Goostman able to pass the "Turing test" for distinguishing between people and machines.However,more and more “smart” artificial intelligence has brought about a series of controversies while improving people's lives.It has created enormous economic benefits,but it is difficult to effectively protect under the existing intellectual property system.The most prominent issue in the field of copyright is how the content created by artificial intelligence should be legally defined.This is the basis and premise for subsequent discussions on other issues.The current copyright law system is based on the creation of a protected person.If AI is included,it will inevitably cause a fundamental shake to the existing copyright law system.Further faced with the enormous value created by artificial intelligence,how and how to protect and regulate the rights of these creative content are more practical and urgent.This paper is divided into three chapters to analyze the above content.The first chapter discusses the current situation of artificial intelligence creation,mainly including the concept of artificial intelligence,the current stage of development,and the specific scope that this article will discuss."Artificialintelligence" is actually a collective term for hardware or software that can express intelligent behavior,and its creation is actually an anthropomorphic description of computer creation.According to the different development stages of artificial intelligence,it can be divided into artificial narrow intelligence,artificial general intelligence and artificial super intelligence.Today's well-known AIs for writing news reports,auto-retouching,and even the seemingly advanced Google Alpha Go are still stuck in the artificial narrow intelligence stage.Artificial intelligence thinker Nick Bostrom imagined: high-level artificial intelligence capable of accurately answering almost all difficult problems and independent consciousness with free consciousness and free activity does not yet exist.Therefore,many ideas based on artificial general intelligence or even artificial super intelligence,such as legally equating it with natural persons,are undoubtedly untenable.In addition,copyright law only protects expression rather than ideas.Therefore,this article only discusses the creation content that may constitute a work in the form of expression.In other words,artificial intelligence such as Alpha Go,which generates content such as "Gossip",is not discussed in this article.The second chapter mainly discusses the legal nature of artificial intelligence creation content from the perspective of “originality”,that is,whether it can constitute works in the sense of copyright law.Although China's creative heights in originality are not as harsh as those in traditional civil law countries,they should also have a certain degree of "intellectual creativity." This intellectual creativity requires creative content to reflect the author's personality and achieve a certain creative height.Looking at the creative process of artificial intelligence,it is actually based on people's instructions to perform mechanical operations on previously entered algorithms.It is impossible to "understand" one's own creation as humans do,and there is no emotional "instruction" and output.Unique choices and judgments."The so-called "deep learning" is only the establishment and perfection of the rules,and it cannot really learn and think like human beings.Therefore,artificial intelligence creation work is only a mechanical operation algorithm,and the content created cannot meet the requirements of “originality” and cannot constitute acopyright law work.However,because the source of the creation cannot be identified in practice,it is also possible to try to “see as” the artificially created content as a“work” in order to solve the problems caused by the difficulty of differentiating creative sources.The third chapter mainly analyzes the rights attribution and protection methods of artificial intelligence creation content.In the current development stage of artificial intelligence,works generated by artificial intelligence can be attributed to relevant human subjects based on the existing legal framework,and it is not necessary to give them legal status in the form of quasi-natural human subjects.When there is more than one related right holder,the agreement should be followed first,but the artificial intelligence itself can retain the authorship right to distinguish the creation content.In the specific protection model for artificial intelligence creation content,since the creation content itself cannot constitute a work,the protection mode of neighboring rights can be considered to give artificial intelligence creation content a lower degree of protection in order to solve those valuable non-material labor achievements.Due to the inability to meet the requirements of "originality",it cannot be protected by the narrow sense of copyright.If it is adopted in the nature of the law as a "work as a work," then you can try to protect it with the unit work system.Different protection methods have their own advantages and disadvantages.Specifically,they should be based on the stage of development of artificial intelligence and China's specific national conditions.