Research On Copyright Protection Of Artificial Intelligence Creations

As a new field,artificial intelligence is changing people's lives at an unprecedented speed,and it has also brought a great impact on many traditional fields.More and more scientists begin to pay attention to this new field.Among them,there are many basic disciplines of law,such as artificial intelligence and artificial intelligence.The interdisciplinary study of law has become a hot topic of current research,especially the impact of the development of artificial intelligence on the traditional issues of the subject of copyright and the ownership of rights.In other words,with the continuous enrichment of large data samples in the field of artificial intelligence,the algorithm technology of artificial intelligence based on deep learning inevitably has a certain degree of machine autonomy,to a certain extent,it can automatically generate some "works" and present them in the form of algorithms.The determination of the status of these AI "works" in copyright law has a direct impact on the protection of their rights,which is also a practical problem that copyright law and other basic laws must face and respond to.Whether or not to protect in the sense of copyright and how to protect in the sense of copyright have been widely debated in the current legal circles,especially in the field of intellectual property.Faced with the fact that AI has changed from an auxiliary existence to a creative subject,AI creations are an algorithmic existence.Under the background of in-depth learning,the generation process of AI creations has unpredictable and uncontrollable new content,which is quite different from the works protected by traditional copyright law.How to define them? The subject of creation and the creations created have become an important problem to be solved urgently.As a practical discipline,law must actively respond to social concerns and emerging things,especially to provide legal protection for emerging things,which is the inevitable requirement of the existence of law.Artificial intelligence creation,as a new thing that copyright law must face,involves not only the renewal of traditional copyright theory,but also the perfection of relevant legislative technology.Therefore,based on the current legal system,we should first construct the interpretation path in the theoretical sense within the framework of the existing copyright law.At the same time,we should actively seek the corresponding legislative follow-up for the difficulty of incorporating the interpretation path.This is not only the protection of new legal interests,but also the renewal and perfection of the existing copyright law system,so as to facilitate the further development of the existing copyright law system.In the future,when AI is more developed,it is reasonable to define and protect the related creations so as to reduce the occurrence of infringement.This paper takes the copyright protection of AI creations as a breakthrough point,focusing on how copyrightprotects the legal interests embodied in AI creations.Specifically,it includes the following four aspects:Firstly,based on objective and realistic facts,the "works" created by AI are defined as AI creations.According to the relationship between AI and human beings,AI creations are divided into weak AI creations and strong AI creations.The former is an auxiliary existence for human beings.The latter is a strong artificial intelligence with the help of in-depth learning technology,which has subjectivity and is also the focus of this paper.It also defines the intellectual originality,appearance copyright and automatic generation of the creations from the dual perspectives of artificial intelligence and copyright law.Secondly,the copyright protection of AI creations is discussed in two levels.The first is whether AI creations are copyrighted,which is the premise of the identification of copyright ownership.Because artificial intelligence creations are different from traditional works in copyright law,only when they can be copyrighted can they be equally protected by copyright law.This is defined in the sense of constitutive elements through affirmative,negative and compromise existing in the current theoretical circles.The second is the right ownership of AI creations.At present,whether AI can become the subject of copyright,whether the copyright of AI creations belongs to AI or to the owner or creator of AI,is a question to be determined by the theory of public domain,the theory of legal fiction and the theory of ownership.Thirdly,by combing the current situation of the protection of artifacts of artificial intelligence in foreign countries,we try to provide necessary ideas for the construction of the system of this problem in China.Integrating the different practices and protection status of AI creations in Anglo-American law system,continental law system and international organizations,the forward-looking legislation in Britain and the in-depth system construction in Japan all provide a positive and effective way to seek a more comprehensive,advanced and fair protection system for the copyright protection of AI creations in China.Reference significance.Finally,it is a tentative idea to construct the copyright protection system of artificial intelligence creations.This paper summarizes the protection path and legislative construction of AI creations in our country by drawing lessons from the relevant legislation abroad and combining with the actual situation of our country,determines the legal attributes and rights attribution of AI creations from the perfection of the first-sex legal norms,and constructs AI creations works from the second-sex safeguard norms.The system of tort liability can realize the unity of power and responsibility of the system,and guarantee that the first norm can be guaranteed by law to the greatest extent,so as to better protect the copyright products in the era of artificial intelligence.