Comment On Tencent’s Lawsuit Against Yingxun For Copyright Infringement

Artificial intelligence is an inescapable topic in the information age.Artificial intelligence synthesis of pictures,"face changing",artificial intelligence driving,artificial intelligence writing,etc.,have made people have new breakthroughs in the understanding of tools.At this stage,the development of artificial intelligence is still immature,and it is also called the "weak artificial intelligence stage".However,artificial intelligence frequently participates in social activities,and more artificial intelligence products participate in the market economy,which may bring benefits or cause disputes..However,the artificial intelligence product does not have a clear attribute in law,which hinders the settlement of disputes.This article uses Tencent’s lawsuit against Yingxun’s artificial intelligence product copyright infringement case,and summarizes two controversies: "whether the artificial intelligence product is an object protected by the copyright law" and "whether the plaintiff is the subject of the copyright of the article involved".Analyzed the constituent elements of the object protected by the Copyright Law,that is,it is original,is an intellectual achievement in the fields of literature,art,and science,and can be copied in a tangible form.The characteristics of the article involved are compared with it,and the conclusion is that the article involved is Object protected by copyright law.Combining related theories and the characteristics of artificial intelligence products,it is concluded that artificial intelligence products are original and should be protected by copyright law.By analyzing the legal subject of copyright,it is concluded that "Dreamwriter" cannot be the author of the article involved,and Tencent,the plaintiff,should be regarded as the right holder of the article involved.It can be concluded that the general method for the attribution of the copyright of artificial intelligence products is: to attribute them to the main body that provides financial support for the research and development of software,which can promote the development and innovation of artificial intelligence.Based on the analysis of the above two controversial focal points,this article proposes specific methods to improve the copyright protection of artificial intelligence products in my country and distinguish between artificial intelligence products and natural person works and clarify the copyright subjects of artificial intelligence.The first proposal includes the unification of "ingenuity" identification standards and the implementation of an artificial intelligence-generated content review system.The second proposal includes specific practical methods for compulsory signing of artificial intelligence products and the identification of the subject of the copyright of artificial intelligence generated content.