Copyright Protection Of Creation Produced By Artificial Intelligence

Artificial intelligence technology has tended to mature and improve in recent years,and creation produced by artificial Intelligence represented by poetry,news reports and artworks have come into our view.This unique and innovative new thing has overturned many systems of copyright and the traditional cognition of human society,and has also brought a considerable impact to the operation of the whole copyright market.Therefore,the research on the protection of copyright ofcreation produced by artificial Intelligence has practical significance and contemporary value.Faced with the creation produced by artificial Intelligence under the market innovation,various conflicts and disputes arise one after another.The essay firstly introduces the concept of artificial intelligence and creation produced by artificial Intelligence,followed by a comparative essay of different types of artificial intelligence in the current market,and a research and study of the technical background of the key programs,making it clear that the technical level of artificial intelligence has improved tremendously,and even in the transitional stage of strong or weak artificial intelligence,some has the ability of deep learning,and the use of Convolutional Neural Networks can independently make thinking judgment and processing,and the output creation produced by artificial Intelligence also has the appearance form and literary characteristics of human works.Finally,the essay discusses the current urgent need to protect creation produced by artificial Intelligence from multiple perspectives,including the need for copyright legislation,utilitarian incentive theory and the principle of interests balance,to improve the legal system in China and to guide judicial practice.Using the incentive theory to promote the enhancement of human works and creation produced by artificial Intelligence,develop the cultural market economy and enrich cultural life.Balancing the distribution of interests among various rights subjects in the field of AI and maintaining the human-centered copyright system.This essay clarifies the object properties and subject disputes of creation produced by artificial Intelligence,starting from the controversial issues in the current academic circles.The first and foremost is the controversy over "works".Based on the concept of works under the Copyright Law,the judgment standard of the elements of works is established to clarify whether creation produced by artificial Intelligence can become works in the sense of copyright law.The essay takes the dichotomy of idea and expression as the standard to identify what is protected by China’s copyright law:deeply analyzes the real dimension of originality,and takes the process of generation of creation produced by artificial Intelligence as a breakthrough to show that the collection and collation of data,differentiation and labeling in the early stage do not affect independence.The essay also discuss the minimum level of creativity,emphasizing that the standard of originality should be tilted towards objectivity and weakening the subjective elements such as spirituality and emotion in the work.Then expresses views on how different forms of expression of works apply.From the essay of copyrightable elements to specific academic controversies,The essay responds to the content that conflicts with the traditional copyright mindset and the framework of the current legal system.The essay innovatively adopts two lines of argument for the controversy of the subject matter,namely,the determination of the authorship of creation produced by artificial Intelligence and the attribution of rights,because academics generally only discuss to whom the rights should be attributed,Based on the complexity of the entire process from input to output of artificial intelligence generation,it needs the support of many subjects.The subjects are determined by two lines.which can avoid being trapped in the muddy swamp of multi-interest balance,and answer the arguments of subjects more clearly.The essay makes a judgment for the three subjects of the user of the creation produced by artificial Intelligence,the investor,i.e.,the owner of the AI program and the designer of the software program,combining their actual contribution paid in the output of the creation produced by artificial Intelligence,the rate of return of the output and the development purpose of the copyright market.And in this part,we analyze in detail the choice of situation under the mode of copyright work protection of creation produced by artificial Intelligence,discussing the pros and cons of corporate works,works made for hire and natural persons’ works respectively,and looking for an alternative method for the present-day legal gap.The protection of creation produced by artificial Intelligence is facing the dilemma of legal practice such as judicial system and infringement and the dilemma of choosing specific protection models.The author takes the current legal gap and different provisions as an introduction,and analyzes the domestic Tencent v.Yingxun case as an example to show that the development of creation produced by artificial Intelligence is not perfect and the legal lag is intertwined,and the disputes caused by the uneven distribution of the interests of the relevant right holders.The imperfect development of artificial intelligence products and the lag of laws are intertwined.Disputes caused by the uneven distribution of interests of relevant rights holders.tort liability,and difficulties in the application of different departmental laws all remind that we should determine the protection path.In the end.the civil law fructus protection model,neighboring right protection model and copyright work protection model are introduced,and different protection models are analyzed and judged.with emphasis on expressing the work protection model under the copyright law,which fits the jurisprudence,adapts to the market development needs,and is the model with the minimum legislative cost under the current legal system.And the essay hopes that the state will improve the relevant institutional system as soon as possible to guide the market operation.protect the interests of relevant right holders and settle disputes.The public and the market will put aside their inherent stereotypes and make use of AI technology to better safeguard the human-centered copyright system and realize the beautiful vision of AI industry development,market activation and cultural prosperity.