Research On The Copyright Protection Of Artificial Intelligence Creations

Artificial Intelligence creations are created by computers according to the programs set by human beings and imitate human thinking,which are similar in appearance to human intelligence achievements.In the era of powerful artificial intelligence,with the continuous improvement of deep learning ability of AI software,Artificial Intelligence will have greater autonomy in creation,and its creations show a trend of increasing intelligence,so the boundary between them and human works is increasingly blurred.In the first place,Artificial Intelligence creations have the object property of copyright.Artificial Intelligence creations meet the three requirements of works in copyright law:firstly,works can be reproduced in tangible form;Secondly,in order to achieve the purpose of market incentive and take into account the secondary theory of law,we should adopt the judgment standard of work centralism.Under this standard,Artificial Intelligence creations can be identified as intellectual properties;Thirdly,based on the creative principle of artificial intelligence software,the author analyzes the creative level of works,and draws the conclusion that Artificial Intelligence works have independent creative meaning and creative behavior,and their works have the possibility to meet the middle-level creative standard and meet the requirements of originality.Therefore,Artificial Intelligence creations should be protected as the right object of copyright law.In the second place,copyright rights to AI creations should be shared between investors and users.When the investor and the user are the same subject,the rights belong to the investor(user);When the investor and the user are not the same subject,they can conclude a contract to allocate rights;In the absence of an agreement,if the user can prove that he has paid for the use of the AI software,he can enjoy the copyright,otherwise,the rights belong to the investor.Finally,considering the legal protection status of Artificial Intelligence creations in China and the protection experience of artificial intelligence creations worldwide,considering the legislative cost and the requirement of keeping consistent with the international legislative process,it is suggested that regulate artificial intelligence creations in accordance with the narrow sense copyright mode under the existing copyright law system.In order to achieve the purpose of market incentives and the among the interests of all parties,in terms of specific protection content,Artificial Intelligence creations should be set up in addition to the right to modify the right of personal rights,reproduction rights,distribution rights and other work property rights;Establish a special registration system for them;The term of copyright protection was shortened to 10 years.