| Whether AI-generated content can constitute works in the sense of copyright law and how to protect them has become a controversial and urgently needed to be solved in judicial practice and theory.Comparing the adjudication results of two AI-generated content copyright dispute cases,the difference is reflected in two aspects,one is whether the AI-generated content constitutes a qualitative difference in the work,and the other is that the rights of the AI-generated content are different.At the legislative level,the current law does not clearly stipulate whether the content generated by artificial intelligence constitutes a work in the sense of copyright law and the ownership of rights;at the judicial level,the two trial courts have different determinations of the subject of "creation" and the act of "creation".There are also two schools of thought in the academic circles: works and non-works.Regarding whether the content generated by artificial intelligence constitutes a work within the meaning of the Copyright Law,there are two points in the analysis of copyright obstacles from the case of Fei Lin v.Baidu Copyright Infringement Dispute,one is that artificial intelligence does not have the qualification of the subject,and the other is that the operation process of artificial intelligence programs does not constitute creation.The reason for the copyright barrier is that the research object and the starting point of the research are limited to artificial intelligence,and the connection between people and artificial intelligence-generated content is not included in the discussion,which cuts off the connection between the subject of copyright law and the generated content,so it is difficult to fall into the human-centered construction of copyright law framework for protection.Therefore,the research path is adjusted to start from the connection between human and artificial intelligence generated content.First of all,the status of artificial intelligence is clarified,and the conclusion of artificial intelligence tool theory is drawn from the perspective of the natural attributes,philosophical theories and legal status of artificial intelligence.Based on the tool attributes of artificial intelligence,it can clearly create the subject of the person.Secondly,according to the originality standard,the originality of the generated content is judged,and it is concluded that the content generation process constitutes creation only if the user’s intervention on the artificial intelligence has a substantial impact on the generated content,and the copyright protection of the generated content can be given,that is,conditional copyright protection.Finally,the conditions for copyright protection are examined in practice to obtain the feasibility and significance of conditional copyright protection.After clarifying the conclusion of conditional copyright protection of AI-generated content,specific protection measures need to be arranged.First of all,the legitimacy of conditional copyright protection is analyzed by economic theory,and it is concluded that conditional copyright protection not only has a positive incentive effect,but also solves the problem of excess protection.Second,it explores the ownership of rights,attributing copyright to users based on original sources;in special cases such as labor contracts and entrustment contracts between users and third parties,the system of legal person works and entrusted works is applied;and the preferential application of contractual methods to determine copyright ownership is encouraged.Finally,the scarcity of AI-generated content has decreased compared with ordinary works,and its copyright protection should be limited to balance the relationship between public interest and personal interest.With the method of establishing a compulsory copyright registration system for artificial works,appropriately reducing the term of protection of AI works and including them in the scope of statutory licensing,limit the copyright protection of AI works,promote the use and dissemination of AI works. |
