On The Approach To Protecting Artificial Intelligence Products

On April 25,2019,the Beijing Film Law Firm,which was publicly heard in the Beijing Internet Court,v.Beijing Baidu Netcom Technology Co.,Ltd.infringed on the right to authorship,the right to protect the integrity of the works,and the dispute over the right to disseminate information on the Internet.The artificial intelligence is gradually It is also a new topic in practice to infiltrate into daily life and how to define disputes.There has been a long-standing dispute over how artificial intelligence generation results should be protected,and this paper believes that the protection model with special rights is the most secure.This paper first puts forward the legal dilemma faced by artificial intelligence in practice,that is,it is infringed and cannot claim rights.In the process of artificial intelligence generation,in the material collection stage,artificial intelligence learning stage and generated content,the infringement problem will occur..In order to clarify the research object,this paper introduces the process of artificial intelligence to generate "work".According to the content generated by artificial intelligence,the research object is determined to be the second type of product.In the academic world,there are many different opinions on the protection mode of artificial intelligence products.There are mainly copyright law protection,neighboring rights protection and property law protection.Although these three methods of protection have merits,they still have certain defects.This article sorts out the existing viewpoints of the academic circles and conducts analysis and judgment.For the copyright protection model,a certain degree of originality is an essential element of the composition.The originality is often associated with the identity of the natural person.Special circumstances such as legal person works cannot negate this condition;but for artificial intelligence generation In terms ofthings,neither the designer nor the end user has an intellectual input to the generated results,so there is a lack of originality;in addition,because the generated results are automatically generated by artificial intelligence,human participation in the work It is just input and debugging,so the result of the generation is not integrated into the emotional thoughts of the participants;therefore,the copyright protection method is obviously inappropriate.For the protection of neighboring rights,although the system of neighboring rights is flexible and has no original requirements,artificial intelligence itself cannot be the subject of neighboring rights.In practice,it is not realistic to give artificial intelligence itself the identity of "person".Artificial intelligence cannot bear responsibility independently.Without independent property,it cannot fulfill its obligations to exercise its rights.Secondly,the legal status of artificial intelligence and the legal status of communicators in neighboring rights are also quite different.The adoption of the property rights protection model mainly faces two dilemmas.First,the protection period cannot be contrary to the provisions of the property law.That is to say,artificial intelligence products can be protected by sustainability,but not conducive to the development of the cultural and creative industries.Secondly,artificial intelligence Whether the product is a statutory asphyxiation or a natural asphyxiation,there is a big controversy in practice,and the distribution of the rights of its products is always in an unstable state.To clarify the protection path of the artificial intelligence product,the premise is to clarify the attributes of the product,but the artificial intelligence product does not belong to the object and does not have the attributes of the work,which is a special attribute.Because the author's attribution is difficult to find,the relevant rights holders pay more attention to the distribution of rights and interests,so they adopt the administrative law to protect and prevent the proliferation of artificial intelligence products.Finally,combined with the development process of special rights and its advantages,the feasibility of dividing artificial intelligence products into specialrights protection mode is explained.In the system construction,the subject,object and content of rights are divided into: the rights subject is classified as artificial intelligence.Users,in this way,can maximize the social value;the object is designated as the second type of artificial intelligence;in the content aspect,the authorship,reproduction and network information transmission rights and protection period of the product are regulated,and preliminary Protection rules.