| Since the introduction of the Dartmouth Conference in the 1950 s,the artificial intelligence(AI)has changed from an abstract concept to a huge industry involving medical,financial,transportation,culture and many other fields.It not only serves the material life of mankind,but also enriches the spiritual world of mankind.Humans use artificial intelligence to generate various creations,such as music,novels,poems,news articles,and so on.At an auction held by Google in March 2016,artificial intelligence paintings cost nearly 10,000 US dollars.China's Tencent Internet company has also developed Dreamwriter software on its own,and can follow different audiences to form different versions.In May 2017,a collection of poems created by the AI robot “Xiao Bing” came out,and the market responded enthusiastically.With the help of scientists and engineers,artificial intelligence technology is constantly improving.It has been widely used in multiple industries and multiple fields.We must realize that the third wave of artificial intelligence has arrived,and we must pay close attention to the development of artificial intelligence creation.In the era of artificial intelligence,as a legal person,we must not only be grateful for the convenience that this great technology brings to life,but also analyze and treat the significant impact of artificial intelligence on social development from theperspective of a rational person in the joy and pride.In a certain sense,artificial intelligence has impacted the existing legal system,social order,and market development of human beings,and has produced irreconcilable contradictions with China's current legal system.At the same time,it has changed our recognition of the law to some extent.know.As far as issues related to copyright law are concerned,the academic community is more worried than expected,and disputes are more than consensus.Scholars began to discuss whether such artificial intelligence creations are protected by copyright law.This paper mainly takes the legal attribute of artificial intelligence creation as the basic starting point,analyzes the artificial intelligence creation in detail,discusses the possibility of its protection by copyright law from many aspects,and further summarizes relevant theoretical knowledge.In conclusion,the author hopes to provide some suggestions for the construction of future specifications.The first chapter of this paper begins with the definition and substance of artificial intelligence creation.Later,it introduces the basic problems of the practical application and protection dilemma of artificial intelligence creation,and lays a foundation for the discussion later.The second chapter analyzes the content of artificial intelligence from the basic principles of copyright law to meet the scope of the current copyright law.For example,whether the generated content is "expression of thoughts and emotions" and whether the generated content conforms to the judgment standard of the originality of the work.The third chapter first introduces the view that artificial intelligence is regarded as the subject of rights through legal fiction,and then uses the dichotomy between subject and object in civil law and the theory of personality rights and incentive theory in copyright law to demonstrate that the subject of the right should be certain people,not artificial intelligence itself.The fourth chapter aims to choose the protection mode of artificial intelligence creations suitable for China's legal framework.The author analyzes the shortcomings of the system of neighboring rights and the protection of separate legislation.In theend,it is concluded that the existing narrow copyright system can be regulated.The rights of artificial intelligence creations shall be subject to the contractual agreement.If there is no contract,the creator who has provided substantial contributions should be the copyright owner and at the same time take into account the interests of the legal person in certain circumstances. |
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