Research On Copyright Protection Of Artificial Intelligence Creation

In recent years,artificial intelligence technology has developed rapidly,and the field of artificial intelligence empowerment has become wider and wider.It has been applied to the"creation" of "works" such as poetry,novels,news articles,music,art,etc.,and the number of"creation" is increasing,bringing challenges to the current copyright law.Whether the artificial intelligence creation can be identified as a work on the copyright law is still controversial.If the artificial intelligence creation is identified as a work on the copyright law,how should the ownership of the copyright be determined,and whether the artificial intelligence can become the copyright subject;if the artificial intelligence does not have the qualification of the copyright subject,how to use the existing system in the copyright law to determine the ownership of copyright.For the series of copyright issues involved in artificial intelligence creation,the current copyright law has not yet made special provisions,and should be analyzed according to the existing legal provisions and legal theory to find a solution.Therefore,this article describes the copyright issues involved in artificial intelligence creation from four parts.The first part first introduces the application of artificial intelligence in the field of creation of works,discusses the definition of artificial intelligence and artificial intelligence creation;then analyzes the challenges brought by artificial intelligence creation to the current copyright law system,that is,the issues of copyright law protection of artificial intelligence creation;Finally,the legitimacy and necessity of the protection of the artificial intelligence creation copyright law are discussed.The second part characterizes the artificial intelligence creation and discusses whether it meets the constituent elements of the "work" in the copyright law.Firstly,it introduces the current situation of foreign legislation,mainly introduces the legislation of the United Kingdom,the United States and Japan.It then introduces the first case of copyright disputes in artificial intelligence creation in China,which shows that there is no conclusion about artificial intelligence creation in judicial trials;then demonstrate whether the artificial intelligence creation constitutes a work,based on originality and intellectual achievements.The third part examines the qualification of legal subject of artificial intelligence copyright.Firstly,it analyzes whether artificial intelligence has the qualification of legal subject.Then it discusses whether artificial intelligence can become the subject of copyright.It introduces foreign legislation and judicial practice and domestic related doctrines.Finally,it concludes that artificial intelligence can not become the subject of copyright.The fourth part studies the copyright ownership and speciality of artificial intelligence creation.That is,in the case where the artificial intelligence creation is recognized as a work and the artificial intelligence does not have the qualification of the copyright subject,the author first examines the will of the subject represented by the artificial intelligence creation to determine the copyright ownership of the artificial intelligence creation.Secondly,due to the particularity of artificial intelligence creation,artificial intelligence creation should be treated differently from those created by natural persons,and two special systems for improving the originality recognition standards and shortening the copyright protection period should be discussed.