Research On Copyright Issues Of Artificial Intelligence Products

At present,the topic of artificial intelligence is hot.The development of science and technology has brought about profound social changes,and artificial intelligence has quietly penetrated into all areas of human social life,profoundly changing the world.The development of artificial intelligence has been an irresistible trend,the law should be in line with the trend of the times to make corresponding adjustments and changes.Artificial intelligence products have reached the originality recognition standard of "independent creation" and "intellectual creation",and their copyrightability should be affirmed.Under the existing legal concept and system,it is not realistic to grant the legal status of AI authors and copyright holders.Drawing on the model of works for hire in the U.S.and combining the mature practical experience of corporate works,commissioned works and special functional works in China,we should establish a system of attribution of rights and distribution of benefits with AI as "employees" and AI owners as "employers".The first part of this paper introduces the development and technical principles of artificial intelligence and artificial intelligence generators in order to gain a more comprehensive understanding of the principles and processes of generating artificial intelligence generators.The specific connotation of the concept of "AI generator" is clarified,and the discussion in this paper is strictly limited to "the independent generation of AI content with a higher degree of freedom and randomness,which is different from the mechanical and formulaic nature of human predetermination".The second part of this paper explores the current situation of the practice of legal protection of AI-generated materials under the existing legal system.It compares the impact and challenges of different development stages of AI on the copyright legal system and summarizes the specific problems faced by the copyright protection of AI-generated materials.The third part of this paper calls for the return of objectivity in determining the originality of a work.In the face of the challenge to the originality of AI-generated works,the copyrightability of AI-generated works is affirmed by analyzing and discussing them from the aspects of independent creation and intellectual creation.At the same time,it is proposed that the copyright protection of AI-generated works is more reasonable by dividing the standard of originality between AI-generated works and human works.The fourth part of this paper starts from the theory of personality in the copyright legal system and sorts out the institutional and jurisprudential barriers to AI becoming a copyright subject.By drawing reference from the legislation on the legal personality of artificial intelligence in foreign countries,the social considerations of giving artificial intelligence legal personality are proposed.At the same time,based on the current situation and essential characteristics of the development of AI,it proposes that special restrictions should be imposed on the legal personality of AI and reasonable arrangements should be made for the legal status of AI.In the fifth part of this paper,on the basis of affirming the copyrightability of AI-generated objects and the limited legal personality of AI,a model of protection of works for hire for the attribution of rights to AI-generated objects is proposed.In the context of AI technology,a new type of employment relationship is created.Considering AI as "employees" and expanding the scope of "employers" can reasonably solve the problem of attribution of rights and distribution of benefits of AI-generated works.