Research On Copyright Protection Of Artificial Intelligence Generated Objects

At present,the world's science and technology are making great strides forward.With the advent of the 5G era,large databases are constantly being improved.Improving life and working efficiency is more and more valued by modern humans,and more and more countries and enterprises are devoted to the research and development of artificial intelligence.The rapid development of artificial intelligence technology has penetrated into all aspects of life and has brought great convenience,especially in terms of copyright,which is even more effective.However,these AI-generated results have also impacted the existing copyright law to a certain extent,raising a series of questions:Can they be considered as works and copyrightable?How should they determine their ownership?China's copyright law has not yet responded to these disputes.The theoretical circle has a large controversy.Make timely adjustments to incorporate these results into the scope of protection.This article will explore these issues.This article is divided into four chapters for discussion.The first chapter mainly analyzes the current status and existing problems of copyright protection of artificial intelligence products in China through the latest two judicial cases in China.First,it introduces the judgments on artificial intelligence generated content made by Beijing Internet Court and Shenzhen Nanshan Court.It analyzes the focus of the dispute in this case and the opinions of the court ruling.Different opinions,delimit the scope discussed in this article,and summarize the two major legal issues in the protection of copyright in artificial intelligence products:Whether the artificial intelligence products constitute the rights of the works and artificial intelligence products.Secondly,systematically sort out a series of issues implied by the two major legal issues,such as the original judgment of the work,the identification of the attributes of intellectual results,and the qualification of artificial intelligence subjects.From the perspective of hermeneutics,the second chapter analyzes and analyzes the constituent elements of the current copyright law works,and considers that the artificial intelligence products are original and meet the constituent elements of the works in the copyright law,and can become works.First of all,according to the change of original judgment standards,it is believed that standards should be transitioned from subjective standards to objective standards.The artificial intelligence product meets the two criteria of "independent completion" and"minimum creativeness" and is original;Artificial intelligence has paid labor in the creative process,invested a certain amount of intelligence,and has the attributes of intellectual results;The generated results can be fixed in a certain form and copied and disseminated,which is reproducible.Secondly,to refute the "non-work theory",and further demonstrate the author's point of view from the negative side,that there is no necessary connection between the subject matter of artificial intelligence and whether it constitutes a work.The original judgment is the post-judgment after the formation of the expression and has nothing to do with the production process.The third chapter analyzes the legislative inevitability and feasibility of copyright protection of artificial intelligence products from the perspective of legislation.First of all,the necessity of obtaining copyright protection for artificial intelligence products is systematically discussed from the original intention of copyright legislation,the perspective of balance of interests,and the perspective of market incentives.Secondly,the feasibility of protection is discussed.Analyze the history of science and technology progress in various countries around the world to promote the development of copyright law,and currently countries around the world have begun to implement relevant artificial intelligence legislation,which illustrates the feasibility of China's protection of copyright in artificial intelligence products through legislation.The fourth chapter analyzes the attribution of artificial intelligence products on the basis that artificial intelligence products can constitute works on copyright law and that artificial intelligence products should be protected by copyright.Mainly think that artificial intelligence itself does not have the subject qualification and is outside the scope of discussion;Secondly,the author first systematically discusses the viewpoints of the copyright ownership of artificial intelligence products in the academic circle,and analyzes the advantages and disadvantages of each viewpoint.Finally,the ownership of artificial intelligence products is designed,and the principle of precedence of agreement should be respected.If there is no agreement,if the user and the owner are the same subject,they should belong to the user or the owner.The situation of separation should be analyzed based on the situation and different conclusions should be drawn.