Research On Intellectual Property And Competition Law Protection Of Contents Generated By Artificial Intelligence

Whether the contents generated by artificial intelligence shall be protected and what legal method shall be applied to protect it is a hot issue discussed in academia and practice currently.Because the contents generated by artificial intelligence is similar to human works,the most discussed is whether it can be confirmed a work in the sense of copyright law and protect it through narrow copyright.However,the originality of contents generated by artificial intelligence is still controversial,so there are obstacles to applying the work protection mode.Based on it,some ideas in the thesis have been put forward that the neighboring right protection mode,which cannot be established yet for it violates the theoretical basis of the neighboring right.Therefore,this paper attempts to explore the intellectual property protection path of contents generated by artificial intelligence.The first part of this paper raises questions by introducing ‘the First Case of Copyright Disputes over Contents Generated by Artificial Intelligence' in China,elaborating on the definition,current status and existing problems of contents generated by artificial intelligence,the necessity to protect contents generated by artificial intelligence,and the academic controversy on the protection mode of contents generated by artificial intelligence.Among them,the academic controversy mainly lies in whether it is more reasonable to protect the intellectual property of contents generated by artificial intelligence through the ‘work protection mode' or the ‘ neighboring right protection mode'.The second part of the paper focusing on the problems raised in the first part,demonstrates the barriers in the theory and practice of the ‘work protection mode' and the ‘neighboring right protection mode'.Although the contents is generated by artificial intelligence software independently,from the perspective of its generation process it is not creative.Therefore,the contents generated by artificial intelligence is lack of the originality of the work in the sense of copyright law,and cannot be confirmed a work.The protection mode doesn't have legitimacy.In addition,there are theoretical flaws in the protection mode of the neighboring rights of contents generated by artificial intelligence.Contents generated by artificial intelligence lacks the scarcity of property rights,and the creation of new types of neighboring rights requires caution.The idea of protecting the contents generated by artificial intelligence through the neighboring rights approach is logical and flexible legally,but the transmission process of the neighboring rights protection works and the objects that do not constitute works but of great values are essentially for the protection of property rights,the concept of property rights must be premised on scarcity,but the contents generated by artificial intelligence does not have such scarcity.And the legitimacy of adding a new type of neighboring right is that when the relevant international conventions are transferred to apply,it must be combined with the national copyright law system for systematic demonstration instead of using international conventions as the minimum standard,it can be added at will.Putting objects that do not conform to the legislative concept of the copyright law into the protection category of the neighboring right will give rise to extreme protectionism of the neighboring right and make the neighboring right system lose its original rationality.Therefore,there are theoretical and practical barriers to both the ‘work protection mode' and the ‘neighboring rights protection mode'.The third part puts forward the ‘anti-unfair competition law protection mode' of the contents generated by artificial intelligence on the basis of the previous papers.Based on the relationship between the special intellectual property law and the anti-unfair competition law,this part proposes an anti-unfair competition law protection mode of contents generated by artificial intelligence,demonstrates the validity and feasibility of the mode,and draws on ‘steal commercial value' theory intends to arrange and improve the intellectual property protection system for contents generated by artificial intelligence.