| Copyright law is a special law of civil law to regulate the market order of creation and cultural products.It not only has the basic principles of civil law,but also has its two major purposes:one is to encourage creation,the other is to promote the development of socialist cultural undertakings.The former is the real purpose of copyright law and the latter is the final purpose of copyright law,copyright law operation must realize the dynamic balance of both,both within the purpose of copyright is harmonious and unified,and artificial intelligence works contain certain creative on the one hand,on the other hand is a part of socialist culture,should be protected by copyright law.Although there is much discussion on this issue in the academic circle,the legislative protection of ai works is still vacant.This article attempts through the subject products-artificial intelligence object "artificial intelligence-works protected mode choice" of writing ideas,to explore the product of artificial intelligence in the copyright law on the protection of the problem,in order to balance and achieve the real purpose of copyright law legislation and the ultimate goal,is able to motivate people by protecting works of creation,and promote cultural industry rising prosperity.The first part of the article starting from the main characteristics of artificial intelligence,on the one hand,there are essential differences between artificial intelligence and natural person.although the development of artificial intelligence is to have periodic,but no matter what kind of advanced stage,the industrial development of artificial intelligence to these differences in nature is never eliminated by technological means.This paper discusses the wrong theory that denies the"artificial intelligence is equal to natural person".Although,on the other hand,artificial intelligence and human existence difference,in essence,and has become the current copyright law provisions of the copyright main body,but as artificial intelligence,personality and give its main body status,independent copyright law in the current legislation technology and artificial intelligence industry development present situation,has the feasibility and necessity.The second part explores the nature of artificial intelligence products,that is,whether they belong to works,on the basis of the legal subjectivity of artificial intelligence.This paper believes that this problem should be analyzed on two levels.On the superficial level,in the "human-artificial intelligence-artificial intelligence products",generally speaking,artificial intelligence products can be considered as human works at least,and this paper will not elaborate.On the deep level,without looking at the natural person factor,it is necessary to examine the link of artificial intelligence generated works separately.How to evaluate the attributes of its products from this segment is the focus of this part.If the provisions of the current law on the subject of the copyright law can be broken and artificial intelligence can become one of the subjects stipulated in the copyright law,the copyright of the works generated by artificial intelligence is ok as long as the works generated by artificial intelligence meet the conditions of originality required by the copyright law.The basis of the third part is firstly to endue artificial intelligence artificial personality,so as to identify it as the main body of the copyright law,and then to bring the artificial intelligence products into the protection category of the copyright law. |
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