Legal Analysis Of The Case Of Infringement Of The Copyright Of Artificial Intelligence Works

The 2020 Copyright Law of the People’s Republic of China was re-emerged after revision,a decade after the last revision.In the past ten years,science and technology have developed rapidly,and have brought earth-shaking changes to the cultural industry.In this context,artificial intelligence works should be produced in response to the tide of the times,reflecting their special value in the fields of culture,science and technology.Nowadays,artificial intelligence is no longer limited to the repeated execution of simple,already set instructions,but has more autonomy and a stronger "consciousness",which opens up a new regulation for the law field.The emergence of artificial intelligence creation works is an impact on copyright in the traditional sense.The reason why a work is born with copyright is because it condenses the creator’s creative consciousness.From the perspective of philosophical concepts,consciousness is unique to the human brain.Now,artificial intelligence also has "awareness",and with it,legal disputes will continue to appear.How to determine the nature of the work created by artificial intelligence,how to deal with the infringement of the copyright of the work created by artificial intelligence and the distribution of responsibilities,are new issues that the theoretical and practical circles need to face together.Through the case of Shenzhen Tencent Company v.Shanghai Yingxun Company,this article introduces the three major controversies of the nature of artificial intelligence creations,the identification of infringements,and the reasonable allocation of infringement liability.Combining traditional legal regulations and the current research status of the academic circle,through case analysis Research methods such as method and comparative analysis method analyze the case.First,from the aspects of the expression of the work and the creative consciousness it embodies,it is concluded that the work created by artificial intelligence constitutes the category of the work in the sense of the copyright law.Then,based on the analysis of the creators of the artificial intelligence creation system and the theoretical research on the ownership of the rights of artificial intelligence creation works,the possibility of the ownership of artificial intelligence creation works is discussed.Secondly,by sorting out the constitutive elements of infringement,and determining the method of infringement,Shanghai Yingxun Company constitutes an infringement of the copyright of artificial intelligence creation works.Finally,based on the protection of artificial intelligence creations,the scope and form of responsibility of each infringing subject are analyzed separately.At present,China’s "Civil Code" and related laws and regulations have not clearly stipulated the rights of artificial intelligence creation works,and the academic circles have no unanimous views on this.This article analyzes the case of Shenzhen Tencent Company v.Shanghai Yingxun Company.The purpose is It is to explore how to form the most effective protection for the creation of artificial intelligence.