Analysis To The Copyright's Ownership Of Artificial Intelligence Product

Artificial Intelligence(AI),as nation ' s hard power,becomes the rigid demand of the development in nowadays society.The market potential of the artificial intelligence product is tremendous.Us legislation researchers should broaden our prospective horizon in order to stimulate the positive development and guarantee the AI and its product.Therein,the most urgent situation to deal with is the copyright's ownership of AI product,which has no final conclusion among law circles.Furthermore,most of them analyze theoretically with specific example rarely.According to the definition of the third rule of The Federal Law Of Partly Correcting The Federal Civil Code Of Russia On Improving The Relationship In The Field Of Robot,strong AI does not rely on human beings or humans only play an auxiliary role in its creation of works.Through combing the development status of strong AI,it is found that AI is reaching brain-like,and has the possibility to become the carrier of "consciousness".I intuitively disassemble the detail steps of Microsoft “XIAOBING”'s paintings and poetry,analyzing its ornamental value as the copyright object,and try to demonstrate the copyrightability of AI product from the evaluation criteria of "originality" and "creativity".Based on the copyrightability of AI products,I propose institutional arrangement Suggestions for the attribution of AI products--the right of authorship of AI products belongs to artificial intelligence itself,and the same time the property right of works belongs to artificial intelligence investors.First of all,according to the regulations and standards of the existing copyright law on the attribution of works,the "necessary arrangement principle" is used to compare the academic artificial intelligence products of the theory of attribution of rights in the legal field,whose advantages and disadvantages are balanced.The conclusion is that it is inappropriate to give the whole copyright to each contributor.Then,I believe that there are similarities between artificial intelligence products and particular works made for hire.In addition,under the scientific background of big data and algorithm creation mode,strong AI can "create" works independently,meanwhile the right of authorship carries the property value,so it is necessary and feasible for AI to obtain the right of authorship.Last but not least,with thesupport of the existing international system,based on the incentive theory,combining the principles of investment and interest balance,the property right of artificial intelligence products belongs to artificial intelligence investors,who can guarantee the most powerful protection for artificial intelligence products.