Research On The Copyright Protection Of Artificial Intelligence Creations

With the breakthrough of core algorithms,the rapid improvement of computing power,the support of big data,and the deep learning,artificial intelligence has made a qualitative leap after several ups and downs,and began the process of marketization.Many fields involved in artificial intelligence have become a new focus of academic circles.Among them,the advancement of artificial intelligence has made the cultural industry no longer monopolized by human beings,so the copyright protection of its creations has also caused extensive discussion.Controversy over whether there is a need for protection and how to protect it.This paper attempts to sort out the development history of artificial intelligence,deep learning and artificial intelligence creation methods,and clarify the essential attributes of the creation.It is concluded that artificial intelligence now has the results of "tool" and "non-tool".The emergence of artificial intelligence creations is in line with market demand and has independent property values.It should be protected from market competition,interest balance and incentive theory.Because the contract protection mode,the unfair competition mode,the deductive work protection mode,and the public domain mode have their institutional limitations for artificial intelligence creation,it is impossible to make the most appropriate adjustments to the artificial intelligence creation.At the same time,artificial intelligence has developed to the present,and the creations produced by it have at least met the constituent elements of the "work" in the form,so its solution should be found within the system of the copyright law.Weak artificial intelligence creations can be classified as extensions of the rights of developers,and can be considered to be protected in the copyright law.In the case where the developer and the user are unified,the rights belong to the developer;in the case of delegation or authorization,relevant The attribution of rights should be specifically analyzed.When artificial intelligence gradually gets rid of the "tool" state,because it conflicts with the traditional narrow authorship system,it introduces another alternative protection mode,that is,the establishment of a new neighboring right object to supplement the relief.Incorporating artificial intelligence creation into the scope of copyright protection,the initial reasons are as follows: Firstly,by analyzing and summarizing the current implementation of the copyright law system,it can be concluded that the subject of the law is probably composed of creators and investors.The former is often influenced by the concept of authorship,and is called the author on the narrow scope.The latter is also regarded as the author under the statutory conditions.Secondly,due to the rise of the acceptance of aesthetic thoughts,the authorship status in the narrow sense is gradually weakened;Third,whether the creation is worthy of protection under the copyright law should be judged by objective originality,not by whether the subject is a natural person.Fourth,artificial intelligence is gradually separated from human beings in the creative process.Whether the trend of control constitutes a "work",Locke's labor theory is still an important criterion.Therefore,for the newly emerged artificial intelligence creations,it is possible to use the copyright law to solve the problem of attribution of rights on the basis of affirming its minimum creativity.The ultimate goal of protecting artificial intelligence creation is to distribute and balance the commercial value generated by it,and to encourage artificial intelligence to conduct in-depth research and development.Therefore,from the perspective of investors,if copyright protection is insufficient,the right of neighboring The right setting is a more appropriate extension remedy.In this way,in the broad copyright law system of copyright-neighboring power combination,the interests of the creative can be redistributed from the user and the owner,and the investor The core carries out specific institutional structures.