| The development of artificial intelligence technology has brought great influence and challenge to the existing copyright system,and the legal disputes similar to the case of infringement of copyright by Beijing Baidu net news company brought by Beijing Feilin law firm will continue to appear.However,the existing legal system of copyright protection of artificial intelligence works has not been effectively established.In this context,it is of profound practical significance to evaluate and analyze the relevant judicial practice cases to better solve the disputes of copyright protection of artificial intelligence works and protect the development of artificial intelligence industry.In this paper,through the case of infringement of copyright by Beijing Baidu net news company,which was sued by Beijing filin law firm,the author brings out three major controversial focuses: the copyright issue of artificial intelligence works,the protection mode of artificial intelligence works and the determination of compensation amount for infringement of artificial intelligence works.By combining the existingacademic theories and legal provisions,this paper first analyzes that works must and must reflect the author's thoughts,works can only be created by people and ensure the stability of the existing legal system,and draws the conclusion that AI works do not constitute works in the sense of copyright law;secondly,it analyzes the protection of AI according to the adjacency right mode According to the possibility and necessity of the work,we should protect the AI work according to the adjacency right mode and give the relevant rights and interests to the user of AI;thirdly,the article demonstrates that the damage compensation standard of infringing the copyright of the work applies to the AI work as an over protection of the obligee,and it is considered that the determination of the damage is based on the three-step compensation law of Professor Wu Hantong The output cost of the right object should also be considered in the amount of compensation for damages,so that the compensation standard for damages against artificial intelligence works should be properly reduced according to the output cost compared with the existing copyright law.In the end,the author thinks about the extension of the case of copyright infringement by Beijing Baidu net news company,which was sued by Beijing Filipino law firm.It is mainly aimedat the problems in the judicial practice of our country,such as the lack of relevant laws and regulations,the inconsistency of academic views,etc.,and puts forward some suggestions on the nature of the copyright of artificial intelligence works,such as adding data processor's rights,clarifying the system of exercise and restriction of rights,clarifying the compulsory marking system and compulsory registration system of artificial intelligence works,etc.in the adjacent right system of the existing copyright law The standard of compensation for damage to works of ability should adhere to the principle of combining comprehensive compensation with legal compensation,not including compensation for spiritual damage to the obligee,and the legal compensation standard should be determined as 60-80% of the copyright of similar works. |
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