Research On The Protection Of Neighboring Rights Of Artificial Intelligence Products In China

Legal issues related to artificial intelligence have been a hot topic in academic research in recent years.And the protection of artificial intelligence products is one of the hot topics.On July 5,2017,the Microsoft announced that it had waived the copyright of Xiao Bing's poetry,which caused heated discussions.China's first copyright dispute case caused by artificial intelligence products—Feiling Law Firm v.Baidu Netcom Technology Co.,Ltd.for infringing its copyright.Although the court has made a judgment in accordance with the law,there are still many disputes over the outcome of the judgment.Do the rights of artificial intelligence products need to be guaranteed by legal means? Can it be included in the protection of works? If not,what kind of protection mode should be adopted? Who owns the rights to artificial intelligence products? Judging from the existing research results,the divergent points of scholars' opinions on artificial intelligence products have focused on the legal issues of legal attributes,protection models and rights ownership.Because these issues are affected by some important factors,such as ethics,technological development,and national policies.They make the process of solving the problems somewhat complicated.This article believes that,the rights of artificial intelligence products,must be protected by law.So,what protection path should be taken? The first step,we should solve the first question.whether it can be classified as the subject of copyright? At the same time,there is a legal dispute should be solved which is closely related to the first question.whether artificial intelligence have legal personality? The answers of these two disputes are,the point of view of my article,the artificial intelligence products should not be regarded as a work and we can give intelligent machines limited legal personality.In this case,it is necessary to find a reasonable protection way from outside the works.After analyzing the advantages and disadvantages of various protection methods,I considered the most reasonable protection methods that is to add a new type adjacency.I propose to add a neighboring rights of artificial intelligence products in China's "Copyright Law",and plan its specific rights in detail.In addition,on the basis of learning from Japan's legal measures,China can also ensure the realization of neighboring rights of artificial intelligence products by amending the Anti-Unfair Competition Law,establishing a special licensing system,establishing artificialintelligence databases and machine registration systems.