On The Right Attribution Of Artificial Intelligence Generators From The Perspective Of Copyrightability

In the field of literature and art,Artificial intelligence(AI)generators has shown a trend which has aroused the discussion of copyrightability and the attribution of rights.Theoretically,the object of copyright is determined by the “idea-expression dichotomy” and “originality”,and combines the formal elements of immobilization and replicability.After AI generators conforms to the elements of the form,the copyright theory is confined to human-centered system construction and the originality of the author’s personality,and the dislocation of the positive thinking and the communication idea centered on the audience,which makes it difficult to directly respond to whether the AI generators content belongs to the work.And it is difficult to determine the attribution of rights due to the lack of copyrightability.In practice,British Copyright Law is based on “skills and labor standards” to establish “computer works”,and the United States and other countries of the author of the right system denies the subjective idea of AI,according to the tool to complement the copyright of its generators.However,the tool theory is not given the operational criteria for the determination of the work of the generated content,and its “user attribution pattern” is homogenization.This paper analyzes the theoretical dilemma and actual regulation of AI generators,and based on the tool attributes of AI,and explores the copyright standard of its generators from the “labor theory” “Kant’s Philosophy” and “Hegel’s Philosophy”.According to the standard of substantive contribution,this paper discusses the attribution mode of users and programmers from the perspective of copyright,with a view to allocating rights reasonably and effectively,and points out the dispute.This paper is divided into four parts.The first part summarizes the existing research and puts forward the argumentation idea “negative personality-originality subjective standard-natural person creativity-work-user/program designer”.The second part analyzes the principle of AI generators and negates the existence of subjective thought,which is regarded as the tool of human being.The third part compares the legislative model and the tool theory of the existing copyright method,and puts forward the copyright standard of “personality injection” “material selection specificity and keyword specificity” and “substantive difference of the whole content” according to China’s Copyright Law.The Part IV discusses the attribution model of rights under different circumstances based on the copyright of AI generators,and regulates it according to the standard of substantive contribution.