On The Ownership Of The Work Of Artificial Intelligence Under The Protection Of Copyright Law

One of the purposes of the existing copyright law is to stimulate the power of creation by giving the right holder the exclusive right.Its core is human.Firstly,works are regarded as the expression of human emotion.Secondly,rights belong to natural persons,legal persons or other organizations.But with the development of science and technology,the machines that used to only play an auxiliary role in human creative activities can now create their own works.As a product of the new era,artificial intelligence technology has gradually penetrated into the field of literature and art.They began to write,draw,compose and other creative activities.Their works satisfy the attributes of works in copyright law in the external form.Then there are two questions:one is whether the works of AI agent can be regarded as works in the sense of copyright law;the other is who the works of AI agent should belong to.With the increasing number of AI works,the impact on human life is more and more profound.If we don't clearly define the legal attribute and right ownership of AI works,it will not only cause a surge of social contradictions,but also break the original market order and hinder the development of science and technology and society.The author hopes to provide some ideas for scholars who are committed to solving the above problems.So in this paper,we first support the definition of AI proposed by Professor Wu Hantong,and advocate that AI works can be divided into three categories:art,music and text.In this way,we have a clearer understanding of the meaning of AI works.After theoretical analysis,the author believes that the works of artificial intelligence accord with the constitutive requirements of works in the sense of copyright law,that is,they have originality,some tangible form and replicability.From the perspective of practical significance,the adjustment of AI works by copyright law can improve the legal system of intellectual property,promote the development of science and technology,and prosper the cultural market.The author believes that AI works should be adjusted by copyright law.In addition,with regard to the ownership of the rights of the works of artificial intelligence agents,the author understands that several university theories have made different claims on the ownership of rights by analyzing the personal theory,the legal fiction theory and the common domain theory.In order to choose the most suitable way to belong to the rights and interests of AI works,the author starts from the source,after making clear the reasons for the unclear attribution of rights,the author concludes that the current legal fiction and public domain theories are not the best ways to belong to the rights of AI works,but should be based on the legislative purposes and principles of copyright itself,and from the labor theory and human philosophy From the point of view of motivation theory,it is more appropriate to adopt the theory of personal belonging to users.At present,China's copyright law is based on the development of social relations in the industrial era,but due to the development of intelligence technology,artificial intelligence agent has the ability to simulate human thinking,which has a huge impact on the traditional copyright law in the aspects of creative subject and mode.Through the analysis of this paper,the author draws the perspective of application development to examine the works of artificial intelligence.Legislation should be treated with a rigorous and prudent attitude,but at the same time,it should also actively conform to the trend of the development of the times,and never be incomplete.Only by accommodating new things and constantly improving the legislative system can we meet the needs of human development.