Research On The Copyright Of Artificial Intelligence Generations

Artificial intelligence enables the simulation of human learning abilities,thought processes and intellectual behaviour,and relies on artificial neural networks,big data and deep learning capabilities to do its work.Artificial intelligence has made remarkable achievements in the field of literature and art,and as a result,AI-generated works in related fields have posed challenges to China’s copyright legal system.The current copyright system must respond to and address the following two questions:firstly,whether AI-generated works are copyrightable.Secondly,if AI-generated materials are copyrightable,who is the subject of their copyright enjoyment.Through theoretical research and case analysis,this article concludes that: firstly,AI-generated materials are copyrightable.According to China’s copyright law,the criteria for determining copyrightability are whether it is an "intellectual achievement" and whether it has "originality",and there is a controversy over whether the AI product meets these two criteria.This article argues that the judgment of "originality" should be changed from subjective to objective criteria,because it is difficult to implement the ideas and individuality emphasized by subjective criteria in practice,and China’s copyright law has incorporated engineering design drawings and product design drawings,which focus on the objective and accurate presentation of things and restrict the author’s individual expression,into the category of works.The objective standard’s emphasis on "independent creation" and "minimum creativity" is not only in line with the characteristics of works under China’s copyright law,but also convenient for judges to apply in practice.The judgement of "intellectual output" should also be examined from both the external expression and internal operation principles.Secondly,the subject of copyright in AI-generated works belongs to the creator using AI.This is because the creator using AI needs to select the original material to be input into the AI,and also needs to consider the form of input of instructions,all of which imply substantial intellectual work.In addition,the creator using AI is more closely connected to the work and is the subject of the direct decision to create the work.Artificial intelligence itself cannot be the subject of copyright because the civil subject theory emphasises the "dichotomy of person and object" and "the person is the purpose",and the objectively existing nature can only be the object and belongs to the dominated position.Moreover,artificial intelligence lacks physiological functions,and even if it is granted the status of a subject of copyright,it will not stimulate artificial intelligence to work harder to create.