Research On The Copyright Ownership Of Artificial Intelligence Creation Achievements

With the rapid development of artificial intelligence technology,related ethical and legal issues emerge in endlessly,among which the most urgent is the copyright of artificial intelligence creation.As AI technology has the characteristics of batch,rapidity and intelligence in the creation of works,a large number of “ownerless” works flow into the public domain in a short time.How to deal with the copyright problem of these works has become a problem that must be solved in the field of AI research.Up to now,the discussion on the copyright of artificial intelligence creation mainly focuses on the ownership of “author” and “originality” of the creation.Based on these two aspects,this paper discusses the related issues.The first chapter of this paper mainly introduces the definition and production process of artificial intelligence creation,which mainly focuses on the analysis of “works” stipulated in Copyright Law of China,and introduces the physical production mechanism of artificial intelligence creation.The second chapter mainly discusses whether artificial intelligence has legal subject qualification.Firstly,the components of artificial intelligence(machine level),developer,user and copyright owner in the formation process of artificial intelligence creation are analyzed.Secondly,it discusses whether artificial intelligence has legal subject qualification from the perspective of jurisprudence.The third chapter focuses on the “originality” of artificial intelligence creation.First,it analyzes the basic requirements of “originality” in Copyright Law.Secondly,it analyzes which link has “originality”in the creation process of artificial intelligence.Finally,the author makes a comparative analysis of the “originality” of artificial intelligence and the “originality” of human being under the copyright protection mode of dichotomy of thought and expression,and gives some reflection on this dichotomy mode.The fourth chapter mainly focuses on giving some possible schemes about copyright protection of artificial intelligence creations.The first is to determine the labor of artificial intelligence creation at each stage of creation,so as to ensure the boundary between developers and users;The second is to distinguish between weak artificial intelligence and super artificial intelligence.In the weak artificial intelligence stage,Neighboring Right are used to protect creations,while in the super artificial intelligence stage,electronic personality is necessary.Third,when identifying “originality”,the standard of “minimum innovation” principle should be raised to prevent the endless emergence of similar works.