Research On The Protection Mode Of Artificial Intelligence Generated Products Neighboring Right

As a new technology,artificial intelligence(AI)has impacted on the existing ethics,laws and policies of human beings,and triggered scholars' discussion on artificial intelligence in the legal field.The constant updating of technology enables artificial intelligence to generate new artifacts based on deep learning,big data and algorithms.The artificial intelligence product itself is indistinguishable from the external expression of human works.The copyright protection of artificial intelligence products also poses a strong challenge to the traditional copyright work recognition theory,and has also caused extensive debate among scholars in the intellectual property field.In order to balance the public interest and private interests in response to new technologies and new things,based on China's current copyright law system framework,artificial intelligence products should be properly regulated in order to make better use of artificial intelligence products.It can also reduce the occurrence of infringement.This paper mainly discusses the construction of the protection mode of artificial intelligence generator neighboring rights from six parts:The first part is a combing of the concept of artificial intelligence products.A brief introduction to some of the theories related to artificial intelligence artifacts.As a new thing,there is no clear definition of the objects generated by artificial intelligence.The analysis of "artificial intelligence products" and "artificial intelligence creations" is considered to be more rational and artificially introduced.Some of the characteristics of the product provide a theoretical basis for the study of artificial intelligence products.The second part is to analyze the legal protection of artificial intelligence products.As a strategic technology for future development,the artificial intelligence product itself has the economic and market value,and its protection can promote the development of artificial intelligence technology,which leads to the necessity of legal protection of artificial intelligence products.It demonstrates the rationality of protection by copyright legal system and analyzes some existing protection model theories in China.The third part is the theoretical obstacle to the narrow copy of copyright protection artificial intelligence.From the perspective of the copyright subject,at present,China has no relevant regulations on the legislation of artificial intelligence products.China's copyright law stipulates that the rights subject is a natural person,and artificial intelligence does not meet thisrequirement.From the perspective of copyright object,artificial intelligence generator does not.Consistent with the three elements of the work,it is not the intellectual achievement of the human being,not the external expression of objective perception and not originality.The fourth part is the legislative status of major foreign countries.Some representative countries of the copyright law system and the author's rights law system are selected for analysis.Countries such as the United Kingdom and the United States have clear regulations to determine the measures that are suitable for China,in order to provide reference for our country's legislation.For example,Japan,the European Union,and Germany are still in legal discussions,and some related drafts are proposed.Through research,the specific schemes suitable for the protection of artificial intelligence products in China are summarized.The fifth part is to justify the protection of the neighboring rights of artificial intelligence.Under the premise of the obstacles to the protection of artificial intelligence products by the narrow copyright law,by analyzing the basic theory of neighboring rights,it is found that it is reasonable to protect the artificial intelligence products with the neighboring right mode.The sixth part constructs the artificial intelligence generator neighboring right system.The protection of neighboring rights is reasonable,but at present there is no matching type of neighboring rights in China.New artificial intelligence generating neighbors should be added-artificial intelligence investor rights,and rights subjects,objects,content,rights terms and restrictions The specific design of the system in other aspects gives the artificial intelligence product a more reasonable copyright legal system protection.