Research On The Identification And Attribution Of The Copyright Attributes Of Artificial Intelligence Generated Objects

At present,artificial intelligence(AI)is developing rapidly.AI has emerged in many fields,such as industry,transportation,literature and so on.The time of artificial intelligence has quietly arrived.As an emerging technology,artificial intelligence has played a great role in improving the level of social development and facilitating social life.But it also gives challenges to the current intellectual property system.The question of whether artificial intelligence products are protected by copyright law and the ownership of their rights needs to be solved urgently.For the identification of copyright attributes of artificial intelligence products,the current academic circles and judicial practice follow the traditional way of recognition----the three characteristics of reproduction,originality and intellectual achievement of works stipulated in the current copyright law.One of the most controversial is whether artificial intelligence products are original and whether artificial intelligence products are created by natural persons.From the current legal system and legislative purpose of China's copyright law,the artificial intelligence products in the era of weak artificial intelligence meet the three characteristics of copyright works,which should be protected by copyright law.At the same time,in judicial practice," the completion of natural person's creation " has always been regarded as a necessary condition for determining the attribute of the work,and on this basis,the author's identity is determined,which is mainly based on the judgment of " whether or not to embody the natural person's creative thought ".But the author's judgment is a follow-up problem to determine the copyright attribute,which does not affect the judgment of the work attribute of course,and the object of the right and the subject of the right are independent and interrelated,and the attribute of the right is objective and should not be influenced by the subject of the right.There is obviously a problem of logic error in judging the property of object by subject.Therefore,"natural person creation completion " does not apply to the artificial intelligence product work attribute judgment.s not applicable to the judgment of the properties of artificial intelligence products.The legal attribute of artificial intelligence product is unknown,which leads to the uncertainty of its right ownership.On the issue of ownership of rights,scholars mainly think that its ownership lies in artificial intelligence and the main body of interest related to artificial intelligence,that is,artificial intelligence investors,creators and owners(users)of artificial intelligence.From the perspective of infringement,whether it is the subjective state of carrying out the tort,the undertaking of tort liability,or the claim and relief of rights,artificial intelligence does not have the qualification of civil subject;compared with other participants in artificial intelligence,the owner(user)of artificial intelligence product is more suitable as the copyright owner of artificial intelligence product.In the trend of technological innovation,institutional construction is also productive force.In order to promote the good development of artificial intelligence industry,it is urgent to construct a complete protection mechanism of artificial intelligence product copyright.First of all,the current copyright law does not specify the copyright attributes of artificial intelligence products,it can be defined by adding special provisions;in order to reflect the characteristics of "intelligent generation" in its copyright content,and it is difficult to confirm the author of artificial intelligence products.Secondly,similar to the current classification of works,the ownership of copyright of artificial intelligence products can be determined by reference to the classification of copyright of current works(general works and special works).In addition,in order to standardize the exercise of copyright of artificial intelligence products,special organs may be set up to register and supervise artificial intelligence products,and some copyright of artificial intelligence products may be managed collectively.Finally,the liability for copyright infringement of artificial intelligence products should be based on the principle of fault,considering the subjective will of the perpetrator,the degree of infringement and the result of the infringement to determine the liability for compensation.At the same time,due to the complexity of the link of artificial intelligence products,other subjects should bear the corresponding burden of proof in their respective links.