Research On The Protection Of Robot News Copyright

As artificial intelligence can create news content,robot news gradually has a great impact on replacing traditional news.At the same time,it also causes related industries to worry about the protection of robot news copyright,that is,"Whether robot news will encounter the dilemma of determining copyright"."If robot news is Whether it is recognized as a work,will it encounter the dilemma of copyright attribution" and "Whether robot news will not be protected due to the above-mentioned dilemma of recognition".In order to give response to the above problems,some countries(regions)have carried out legislative practice exclusively,of which the United Kingdom and the European Union are the most typical.Since China has not carried out relevant legislative practice,scholars usually take traditional news as a reference and take philosophy,economics and other disciplines as perspectives to conduct research on robot news copyright protection and draw conclusions.In the absence of relevant legislative or judicial practice,the conclusions drawn by the academic community based on metaphysical concepts do have certain academic value for the research of robotic news copyright protection.However,with the verdicts of the "Filin Case" and "Tencent Case",the protection of robot news copyright has become a practical problem that judicial practice must face.Through observation,we can find that judicial practice has clearly responded to the problem of robot news copyright protection,that is,"Robot News will coexist with the situation that will not encounter the dilemma of determining the copyright." "Robot News will not encounter the dilemma of determining the copyright attribution." "Even if it encounters the copyright determined dilemma robot news can also be protected." From the above response,we can see that judicial practice holds a positive attitude towards the protection of robot news,and specifically handles robot news copyright infringement disputes through two schemes: “Protection Based on Denying the Attributes of Robot News Works” and “Protection Based on Recognizing the Attributes of Robot News Works”.Considering the two methods,the former may not be able to achieve a balance of interests,while the latter has a certain chance.Since the unique correspondence between creative behavior and creator cannot be applied to robot news,when dealing with the issue of robot news copyright protection,judicial practice can only propose two schemes with certain deficiencies,and cannot propose any other schemes.It can be seen that the judicial practice based on the current copyright law has been unable to fully protect the robot news.Therefore,it is necessary to explore the system and protect the news copyright of robot by legislation.It is found that on the basis of the protection of property rights and the relationship between human and robot news,there may be three paths for the construction of robot news copyright protection system through analysis: The first way is to expand the interpretation of "creation behavior",to expand the interpretation of "creation behavior" in legislation,and consider human behaviors such as triggering system switches,entering keywords,reviewing and revising as creation behavior.In this way,the fact that the creator did not make a creative act is transformed into the fact that the creator does a creative act;The second is the way to expand the interpretation of "creators",to expand the interpretation of "creators" in legislation,and artificial intelligence is made into creators.In this way,the fact that "creative behavior is not made by the creator" is transformed into the fact that "creative behavior is made by the creator";The third is to avoid explaining the path of “creation” and “creator” in order to avoid explaining the concept of “creation” and “creation” in legislation,neither focusing on “creation by the creator” or “creation by the creator”,the fact that "the creator's behavior is not made by the creator" and "the creator did not make the behavior".Rather,based on the rights of the main body of communication,the robot news is protected through neighbouring right.