Research On Copyright Protection Of Artificial Intelligence Products

The concept of AI was first put forward by Professor Johnson of the United States in the 1950 s.At the beginning,AI mainly refers to computer programs,also known as weak AI,which can only perform some simple operations.However,with the progress of science and technology,AI has become more and more intelligent.From the beginning,assisting human beings to create works has gradually developed into the corresponding "works" which can be produced independently.Artificial intelligence products are also more and more widely involved,such as painting,text content,music and so on.The continuous improvement of the degree of artificial intelligence has brought great convenience to human society.At the same time,it has also posed a series of difficult problems to the existing legal system: how to determine the nature of artificial intelligence products in law? Can it be regarded as a work stipulated in the Copyright Law? Should it be protected? What is the dilemma of protecting AI products under existing conditions? Who should the rights belong to and how to establish a specific protection system? These problems have brought great impact to the traditional copyright law system of our country,because the works protected in the copyright law system of our country are completed by human beings,and the regulations of artificial intelligence products are still blank.The rapid development of artificial intelligence products makes copyright law change in time.This paper will study the copyright of artificial intelligence products from the aspects of legal attribute,protection mode and ownership of rights.The first part focuses on the identification of the legal attributes of artificial intelligence products.This part is the basis for studying the copyright protection of artificial intelligence products,and the constituent elements of the legal property identification of the works in the copyright law are reproducible and original.The academic circles have studied and discussed the reproducibility and originality of artificial intelligence products,forming a viewpoint that supports artificial intelligence as a work and an objection to the fact that artificial intelligence products are works.After analyzing these viewpoints and combining the requirements of the Copyright Law,this paper draws the view that artificial intelligence products are works.This part will also demonstrate the necessity of protecting artificial intelligence products from the perspective of protecting the development of artificial intelligence products industry,making up for legal vacancies,and relying on laws to distribute social benefits.The second part will study the protection mode of artificial intelligence products.The choice of protection mode is related to the ownership of AI products.At present,there are many viewpoints on the protection mode of artificial intelligence products in the academic circles,which are mainly divided into the copyright protection mode and the neighboring rights protection mode.The copyright protection mode is protected by "legal artificial personality","orphan works" and "corporate works".The model is the mainstream view.This paper will analyze the advantages and disadvantages of various protection modes,and put forward the viewpoint of adopting the "behind author" copyright protection mode for artificial intelligence products based on the actual situation in China.The third part studies the ownership of artificial intelligence products.Artificial intelligence products are identified as works and are protected by copyright.However,due to the particularity of artificial intelligence,the copyright ownership of artificial intelligence products has become another important research topic in the academic circle.At present,scholars at home and abroad have put forward a variety of viewpoints.Some scholars believe that the status of legal subject should be attributed to artificial intelligence from artificial intelligence.Some scholars believe that copyright should belong to the owner of artificial intelligence from the perspective of promoting market development.Some scholars encourage innovation.It is believed that copyright should belong to artificial intelligence designers.Some scholars believe that copyright should belong to the public domain from the perspective of balance of interests.Some scholars believe that copyright should belong to artificial intelligence users from the perspective of respecting labor results.In this paper,after analyzing the advantages and disadvantages of the above viewpoints,combined with the special characteristics of artificial intelligence,it is considered that the copyright should be attributed to the artificial intelligence user.The fourth part will study the specific system construction of artificial intelligence product copyright protection.In the foregoing,it is established that artificial intelligence products are works,protected by copyright,and rights should be attributed to artificial intelligence users.The final part of this paper will explore the establishment of a specific system for the protection of artificial intelligence products.Since the types of artificial intelligence products appearing in society are not rich in human works,the system will first determine the scope of works in which artificial intelligence products are protected by copyright.Nowadays,artificial intelligence products mainly appear in the content of words and paintings.Therefore,the copyright protection system focuses on protecting these two types of works.At the same time,combining the special characteristics of artificial intelligence,it will reduce the protection period for artificial intelligence products.This section will also regulate the rights and obligations of artificial intelligence users against copyright law.Finally,the case of infringement and infringement of artificial intelligence products,as well as the legal liability of the infringer and the relief mechanism of the infringer,will be studied.The legal liability includes criminal liability,civil liability and administrative responsibility.