Research On Copyright Of AI Generated Work

The emergence of artificial intelligence generated work brings about theoretical and practical copyright problems.Theoretically,AI generated work poses three big challenges for traditional copyright theory: the author is not human,the originality of the work is controversial and difficulty of determining copyright owner.There are different solutions suggested for these challenges.Among them,the most representative are neighbouring rights theory and employment theory for protecting AI generated work.Similarities can be found between AI generated work and the two suggested kind of work.However,under careful analysis,it is not difficult to find the significant differences between them: the control of AI users over the work and the risks and the responsibilities they take cannot be compared with the employers who obtain copyright on employees' works,nor with the commercial and technical investment of neighboring rights owners.The present theory has not solved all the problems.However,the question remain exploration is whether AI generated work deserve copyright.The necessity for copyright protection under the context of market mainly rest in how much the way of making profits is dependent on copyright.Whether protecting AI generated work is necessary depends on how such technology is applied in business.The commercial model at present hardly requires copyright protection and the popularization of such technology in the future makes AI generation tech impossible to be the source of works' value.AI generated works with no human intellect input lack market value and the copyright problems therefore exist no more.The necessity for copyright protection is in doubt.Compared with human's work,the copyright protection for AI generated works may lead to problems including excessive economic stimulation,imbalanced benefit distribution,marketdriven works,technology monopoly and social inequality.There is little justification for protect pure AI generated work.However,human author work with the application of AI tech may become copyrightable.AI users can input all kinds of creativity in aspects of selecting material,post-processing and even training AI.And this should be encouraged by copyright.From another perspective,originality relates to the institutional ideal of copyright of enhancing cultural prosperity and progress.Culture diversity is a special consideration of copyright compared to patents.The resourse of originality of generalized AI generated work can include technical monopoly,specific algorithm design,the intellect input of users and random factors.In this regard,when there is a one-to-one correspondence between the work and human intellectual labor or personal choice,the work should receive copyright protection regardless of whether there are application of AI tech;on the contrary,if there is no such correspondence,copyright protection should be excluded under the consideration of public interest.