| The rapid development of artificial intelligence technology has led to a sharp increase in the number of artificial intelligence products,and the coverage field has been continuously expanded.China's current legislation seems to be difficult to deal with this "unexpected" new thing,unable to clarify its nature,status and boundaries,etc.,and the theory has not yet reached an agreement.Artificial intelligence products are mainly generated by artificial intelligence,which have the following characteristics:first,autonomy,cheapness and efficiency;second,extensive coverage;third,prominent property attributes;fourth,it is difficult to distinguish them from human works.In addition,it is necessary to protect the copyright of artificial intelligence products.On the one hand,as a product with property value,if it cannot be confirmed by law,it will waste time and cost.On the other hand,giving artificial intelligence products protection of copyright law is in line with the value pursuit of legislation.At present,the main problems of copyright protection of artificial intelligence products are as follows:First,the identification of the subject of rights of artificial intelligence products;second,the copyrightability of artificial intelligence products;third,the scope of protection of artificial intelligence products.This article considers that artificial intelligence as a human creation should be in the object status.Giving the subject status is not only contrary to the legal provisions,but also does not conform to the definition of copyright rights in the relevant copyright theory.In addition,artificial intelligence products do not conform to the definition of works of copyright law,and cannot be protected as copyright.First,the creation of copyright law is a kind of intellectual activity,which is unique to human beings,so artificial intelligence cannot implement creation.Second,artificial intelligence products are mainly generated by artificial intelligence,in which human plays a very small role,and it is difficult to meet the requirements of copyright law for the creation of works.However,it is very appropriate to give artificial intelligence products protection of neighboring right.First,it is in line with the purpose and value concept of the neighboring rights;secondly,it is in harmony with the legal relation of the neighboring rights;thirdly,it conforms to the principle of balance of interests.Due to the wide range and expansibility of artificial intelligence products involved,the current type of neighboring rights cannot fully cover them,and there is no obstacle to the legislative technology in the new type of neighboring rights,so a new type of artificial intelligence products should be added.In terms of specific system design,full consideration should be given to the characteristics of artificial intelligence products,and in combination with the current legislative regulation,the user of artificial intelligence should be regarded as the subjects of rights in principle.The owner of artificial intelligence can only be identified as a subject of rights if there is a special agreement between the parties.Furthermore,In terms of the content of rights,we can learn from the relevant content of the current neighboring rights and set its neighboring rights as reproduction right,distribution right,and information network broadcasting right,and limiting the exercise of rights to balance the interests of all parties. |
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