Research On The Legal Issues Of Artificial Intelligence "Creation"

On April 25,2019,Beijing Internet court made the first effective judgment in the case of copyright infringement of artificial intelligence creation.In the case of lack of provisions,vague legislation and novel cases,the reference value of the judgment as the first effective judgment document is obvious.Based on this case,the core legal issues of AI creation are divided into four parts.First,the definition of legal subject qualification of artificial intelligence.This problem is related to the determination of the qualification of artificial intelligence creative subject and the determination of the right subject of copyright.Due to the development of artificial intelligence technology and the limitations of philosophy,artificial intelligence does not have the qualification of natural person as the main body;compared with the process of the emergence of legal person and the basis of the entity and benefit of legal person,artificial intelligence does not meet the qualification of legal person as the main body.Second,the original definition of artificial intelligence creation.This problem is a study of the category of artificial intelligence creation object.According to the different degree of human participation,the creation of artificial intelligence can be divided into mold creation and non mold creation.For mold creation,it should be recognized that its creation is not original;for non mold creation,it should be recognized that its creation is original.Third,the protection path of artificial intelligence creation.The current protection path can not meet the needs of artificial intelligence creation protection in judicial practice.We should optimize it and protect it differently according to the differences in the originality of its creations under the two different creation modes of artificial intelligence.Mold type creations can be defined as intellectual property fruits and protected by fruits theory;non mold type creations should break through the qualification limit of the creative subject,be recognized as works and be included in the protection scope of copyright law.Fourth,the ownership of the rights of artificial intelligence creation.The possible right subjectof artificial intelligence creation has the characteristics of diversity.Because artificial intelligence does not have the qualification of legal subject,artificial intelligence creation becomes the object of the object,resulting in the problem of unclear ownership of rights.Therefore,to solve this problem can accurately protect the different labor input in the process of artificial intelligence creation.The right of mold type creation belongs to the hardware owner;the copyright of non mold type creation belongs to the user.