| With the advancement of science and technology,new things are constantly emerging in society,and artificial intelligence products are one.In recent years,academic circles have been discussing the copyright protection of artificial intelligence products in the ascendant,with new theories and ideas constantly appearing and a hundred schools of thought contend.In the judicial practice of our country,two cases concerning the copyright protection of artificial intelligence products have also been judged,which provides a valuable practical basis for this proposition.Based on the two recent typical cases of copyright protection of artificial intelligence products in China,this article will extract the performance of the current court’s judgments on the copyright protection of artificial intelligence products.The main points of review of the clear benchmark include the following aspects:1.External originality Identification of sex;2.Identification of subject’s will;3.Application of legal person works system;4.Ownership of rights.The full text uses literature review method,case analysis method,comparative analysis method,etc.,to propose the problem-analyze-problem-solving context,conduct a comprehensive analysis of the copyright protection of artificial intelligence products in China and propose innovative ideas to improve Chinese artificial intelligence Judicial standards for the protection of product copyrights form a universal judgment standard to deal with similar cases.Chinese artificial intelligence product copyright protection judicial judgment standards are not complete,and there are the following problems:First,the determination of the subject’s will is greatly affected by the author’s rights system.The author’s right system attaches great importance to the right of personality and emphasizes the author’s position in work,but it is not conducive to the copyright protection of artificial intelligence products.Second,the legal person works system has limitations.Mainly include:there are restrictions on the subject,excessive emphasis on instrumentalization,and relentless determination of the degree of "labor." Third,the possibility of system protection of neighboring rights is not considered.As copyright in a broad sense,neighboring rights should be considered to protect the copyright of artificial intelligence products due to their flexibility.Relevant ideas and suggestions can be referred to in judicial judgments to make up for the deficiencies in the discussion.Fourth,there is a single-right ownership model.It is reasonable for users to obtain rights,but it is not the best choice.In response to the above problems,the paper improves the judicial judgment standards for the copyright protection of artificial intelligence products.First,continue to uphold the current regulations to identify external originality.Use a lower standard to identify the external originality of artificial intelligence products and dare to admit its general originality.Second,relax the determination of the subject’s will,and focus on improving the application of the legal person work system in the field.The determination of the subject’s will of artificial intelligence products should be inclined to objective standards.With the globalization of the economy,different legal systems are also learning and merging,and the identification of works should gradually tilt towards objective standards to cope with the rapidly changing social environment.In addition,artificial intelligence technology is still in its infancy,and the legal person works system is still the first choice for handling related cases.It is necessary to reduce the recognition of the degree of "labor" in the legal person works system so that more artificial intelligence products can be included in the scope of protection of legal person works and gradually recognize the non-instrumental nature of artificial intelligence.Third,the progressive ideas of the neighboring rights system should be incorporated into the copyright protection of artificial intelligence products.Due to its particularity,the neighboring rights system can incorporate part of its ideas into the judicial judgment standards for the copyright protection of artificial intelligence products to enrich the argument.It can solve the problem of copyright protection of artificial intelligence products and protect emerging markets.Finally,for the ownership of the rights of artificial intelligence products,the legal person works system shall follow the existing regulations;for the products that do not meet the requirements of the work and the artificial intelligence products under the application of the future neighboring-rights system,there should be an agreement from the agreement.The agreement is based on the owner,taking into account the interests of users.The reason is that the owner has a flexible upper and lower position and can better and reasonably solve the ownership problem;in addition,the user can obtain ownership of the artificial intelligence product through the contract with the owner. |
