Research On Copyright Issue Of Content Generated By Artificial Intelligence

With the development and progress of technology,it is difficult to distinguish some contents generated by artificial intelligence(AI)from human works without disclosing the origin.Protections for the contents generated by AI are getting more attention now.In order to encourage the development of AI technology,taking into account the value of contents generated by AI,protection for them should be provided.However,the process of generating contents by AI is still a process of summing up and using rules.Contents generated by AI violate the requirements of originality.Therefore,they cannot be identified as works and they may not be protected due to the principle of confusion as well.In addition,considering the balance of interests,the protection of massive contents generated by AI with high copyright level will limit the public liberty.In addition to copyright,there are other ways to protect contents generated by AI.With the development of technology,the scope of protection of neighboring rights has no longer been confined to the disseminators of works.Applying neighboring rights to protect contents generated by AI can better balance the interests of right holders and the public.Therefore,this paper puts forward the specific arrangements for the protections of contents generated by AI under the framework of copyright law,which include the range of behavior that can be controlled by the right owner,ownership,duration of protection,and restrictions on rights.Meanwhile,this article also proposes some solutions that can be used to prevent the “falsely claim as author” issue.Chapter 1 mainly introduces the status quo and problems about the protection of contents generated by AI.AI,as a strategic technology for the future,requires support and guidance of laws.Contents generated by AI themselves also have certain value.Giving contents generated by AI protections can promote the development of AI technology.In most countries,the protection of contents generated by AI remains at the level of theoretical discussion and has not been translated into actual legislation.Only a few countries’ copyright laws explicitly provide protections for computer-generated products.In the academic circles,there are no consensuses on many issues such as the protection model and the ownership.Chapter 2 analyzes that it is infeasible to protect contents generated by AI with work model.Considering the originality,contents generated by AI are still the results of using algorithms,summarizing rules,and using rules,and do not meet the requirements of originality.From the perspective of principle of confusion,the expressions generated under the limited conditions by the same AI program are limited,and cannot be protected because of the confusion of ideas and expressions.In other countries’ judicial practices,a work created by human has been wrongly deemed as computer-generated work and it caused negative influence.The theories by modifying copyright laws to protect contents generated by AI also have different drawbacks.Chapter 3 analyzes the rationality of protecting contents generated by AI by neighboring rights.This part introduces the concept of neighboring rights and the history of its emergence.It also analyzes that neighboring rights should not be restricted to the disseminators of works.Meanwhile,considering the legislative goals of copyright law and public policy,since AI itself can be protected by copyright laws,patent laws and even against unfair competition laws and the characteristics of contents generated by AI can give right holders certain competitive advantages,contents generated by AI should not be protected with high level model.The neighboring right protections can better balance the interests of the public and right holders.Chapter 4 discusses the construction of copyright law protections for contents generated by AI.The behaviors that can be controlled by the neighboring right holders should be arranged according to different types of results and the main use methods.The range of neighboring right should be less than copyright.With respect to the limitation of rights,a shorter protection period and adding relevant statutory licenses and reasonable use conditions should be considered.As for the ownership of rights,the ownership rules for legal person should be applied.On the issue of how to prevent “falsely claim as author”,certain special protection rules and corresponding evidence rules should be adopted.