Analysisonthe Ownershipof Artificial Intelligence’s Generated Materials

At present,The artificial intelligence technology has developed to the period of deep learning,which means the artificial intelligence simulates the human brain to learn data and algorithms autonomously,breaking away from human’s initial algorithm design and rule-setting under the control of human beings.In the field of literature and art,artificial intelligence has been able to "write poetry","paint" and "sing",and its generated materials is indistinguishable in form from the works of humans.The way of the artificial intelligence generating materials independently through deep learning in literature and art fields breaks the traditional idea that only natural person can creates,which is no longer used as an auxiliary tool for human creation and brings a series of problems to the traditional copyright legal system,such as whether the artificial intelligence’s generated materials can be recognized as “works” and which subject should possess the copyright if artificial intelligence’s generated materials can be recognized as “works” in the copyright law? With the rapid development of artificial intelligence technology,the increasing "creation" of artificial intelligence in the field of literature and art not only brings certain challenges to the concept of works,the criterion of originality judgment,the identification of copyright subject and the setting of copyright ownership in the traditional copyright law,but also causes a huge impact on human works.However,at present,there are no clear laws and regulations on the copyright of artificial intelligence’s generated materials in China.And it takes a lot of time and energy to establish a set of comprehensive and forward-looking laws and regulations on artificial intelligence,which is too time-consuming.Now,many legal problems related to artificial intelligence cannot be solved in time.Artificial intelligence is an important driving force for a new round of scientific and technological revolution and industrial transformation.Whether these problems can be solved in a timely and reasonable manner is related to whether China can occupy the commanding heights in the field of artificial intelligence and whether China can stand firm in the future economic competition.This paper adopts literature analysis and comparative analysis to analyze the technical principle of the existing artificial intelligence’s generated materials,and demonstrates that artificial intelligence’s generated materials have originality and belong to the intellectual achievement,which can reach the standards of “works”.Then evaluating and comparing the existing theories on copyright ownership of artificial intelligence’s generated materials to put forward the point of view that the artificial intelligence’s generated materials can be recognized as “works” in the copyright law.And in the circumstance of China has not been able to establish a set of perfect and forward-looking laws and regulations on artificial intelligence to give a suggestion that the copyright of artificial intelligence works should belong to artificial intelligence users,which is analyzed from the perspective of the theory of copyright,artificial intelligence management and control,commercial interests and rationality and feasibility.