| There is no concept of artificial intelligence products in the field of intellectual property in China.In this paper,artificial intelligence products refer to the scientific and technological achievements with the characteristics of "works" generated by artificial intelligence based on the extraction,integration and analysis of massive works,information and materials on the basis of specific algorithms.Due to the lack of law,system and theory,the copyright protection of artificial intelligence products has not been clearly explained.In the first part of this paper,through judicial cases and scholars’ controversial views,it points out that there are different recognition problems of the basic attributes of AI products in the current theoretical and practical circles,and summarizes the problems existing in the copyright protection of AI products.In the second part,firstly,through the analysis of the work attributes of artificial intelligence products,it is proved that artificial intelligence products have the work attributes;Secondly,from the perspective of "creative subject" and "creative behavior mode" of artificial intelligence products,the response to the query of the copyright of artificial intelligence products is given;Finally,the originality is used as the criterion to exclude the artificial intelligence products that do not meet the requirements,so as to avoid disturbing the stability of the copyright market.The third part focuses on the copyright ownership of artificial intelligence products,analyzes the existing views on the ownership of rights,and proposes that one or more subjects should be selected among the relevant stakeholders of artificial intelligence products as the creators of artificial intelligence products,who enjoy the ownership rights of works,On the basis of protecting artificial intelligence products from infringement,we should undertake its due obligations.In the fourth part,through the comparative analysis of the copyright protection methods of artificial intelligence products,the author of artificial intelligence products is set on the basis of "the protection mode of artificial intelligence works";Finally,combined with the current situation of the development of artificial intelligence,a new type of works is added in the copyright law through legislation,and the Supreme People’s court first issued an expanded explanation on "other intellectual achievements in line with the characteristics of works" in the copyright law,so as to bring the artificial intelligence products into the scope.It also establishes a unified idea for the identification of AI products from four aspects: the subject of right,the object of right,the way of protection and the responsibility,and makes it clear that AI products can be protected by copyright law. |
