Research On Copyright Protection Of Content Generated By Artificial Intelligence

With the rapid development of the Internet and the rapid progress of artificial intelligence technology,the research on artificial intelligence policy and law has gradually become the focus of people’s attention,the most typical is about the artificial intelligence production content work cognizance and the right ascription question,already became the copyright domain research hot spot.Content generated by artificial intelligence as a product of artificial intelligence technology is in a sense a work that is indistinguishable from human creations,but the first question is about the nature of the content generated by artificial intelligence,as works with special status,are they copyright-protected works?What is the necessity of copyright protection?And to whom do their rights belong?These problems have aroused a great deal of attention in the theoretical and practical fields,and the discussion on the legal issues of the content of artificial intelligence generation is in full swing.How to effectively protect the copyright of AI generated content has become a problem that legislators have to consider,and the legislation of AI generated content is also imminent.In view of the above problems,The first part of this paper begins with the concept and main types of artificial intelligence,and then introduces the concept and characteristics of the content of artificial intelligence generation.The second part of the copyright protection of artificial intelligence generated from the necessity of the content,and from two aspects: legal basis and realistic demand analysis,in the legal theory basis,through the artificial intelligence to generate content belong to the intellectual property and maneuverability based on judicial practice,elaborates the interests balance theory concerns three aspects;In the real demand,it is through the inevitable policy orientation and the result of market choice to start with the explanation.The third part starts with the plight of copyright protection of AI generated content in China,and discusses the plight of copyright protection of AI generated content in combination with the actual legislation situation in China.the analysis of the current about artificial intelligence to generate content of China’s judicial precedent and the field of intellectual property rights for reference many scholars point of view,and summarized the current theoretical circle about artificial intelligence to generate content can be copyright issues focus of controversy.At the same time,listed and introduced the relevant scholars’ views and disputes on the ownership of AI generated content.The fourth part of this article from the extraterritorial artificial intelligence content of the perspective of the copyright legislation practice,and from the anglo-american legal system represented by Japan and South Korea represented by the civil law system as a discussion,learn more about its legislative arrangements on artificial intelligence and what it generates.The fifth part in exploring of extraterritorial legislation arrangement,on the basis of combining the situation of our country,think explore countermeasures about artificial intelligence to generate content copyright protection in China,in view of the artificial intelligence to generate content can be copyright issues that should be in a person’s intelligence and creative elements as criteria to judge work of artificial intelligence to generate content,and the independence of the elements and originality of the intellectual product and creativity are expounded in details.On the issue of the ownership of the content generated by artificial intelligence,this article,through the division of whether there is an agreement,first of all,the main interests of the agreement between the existence of the agreement,should adhere to the agreed priority principle.When there is no agreement or unclear agreement among the interest subjects,this paper also analyzes the concrete rights and interests relations among the parties from the realistic angle,finally,a realistic arrangement was made to assign the copyright of the content generated by AI to the investors when no agreement or no agreement was made.