| In recent years,with the rapid rise of computer technology and Internet technology,the artificial intelligence technology in the field of content generation has developed rapidly.From Microsoft Xiaobing’s poetry collection,the sun opened the glass window,to the go robot alpha dog,who created his own unique chess score by retrieving hundreds of millions of go matches,and won the world go champion.Artificial intelligence gradually penetrated into the fields of literature,art and science,and they began to participate in writing,painting Creating creative activities such as music and "creating" works that are almost the same in appearance as those created by natural persons,because the scope of the copyright law is almost only about the content and protection of the rights of the works,and there are few provisions on the artificial intelligent products that walk on the edge of the works,That is,it is difficult to accurately recognize whether AI products constitute works,and on this basis,there is a lack of standardized evaluation and reasonable protection measures.In the face of large-scale and complex AI products in the future,the lack of legal protection will undoubtedly hinder the industrial upgrading of AI in the field of content generation,and is not conducive to the implementation of the current national policies such as "industry 4.0" and "smart manufacturing",Moreover,if AI products cannot be fully protected by intellectual property law,it will inevitably leave room for some "criminals" to infringe,and attack the enthusiasm of relevant researchers and enterprises to use AI creation.Block the current strong growth in the field of AI content design.Finally,if the protection in the field of intellectual property rights is lack or weak,it will inevitably cause a large number of cheap or even free AI products to enter the public domain,and eventually impact human creations that need to pay.Therefore,in view of this situation,this paper aims to put forward referential suggestions for the blank of legislative protection and judicial practice in the field of copyright of artificial intelligence products.First of all,define and elaborate the research object,briefly describe the definition connotation and development process of artificial intelligence,and define in detail the concepts and distinguishing standards of general products of artificial intelligence,artificial intelligence auxiliary products of similar works,artificial intelligence autonomous products,and artificial intelligence auxiliary products.It is clear that the main research object of this paper is general products of artificial intelligence and artificial intelligence auxiliary products of similar works.Secondly,it discusses and confirms whether artificial intelligence products should be defined as works and the feasibility of copyright protection.Whether artificial intelligence products constitute works is directly related to the specific state of their right ownership and the different protection ways that can be taken.Therefore,it is necessary to discuss whether they comply with the copyright protection mode.This chapter mainly starts with the dispute over the feasibility of copyright protection of artificial intelligence products,introduces the analysis of its copyrightability on the basis of introducing various controversial views,then expounds the significance of its copyrightability,and finally explains its exclusion.Thirdly,it discusses the recognition standard of the copyright ownership of artificial intelligence products.This paper introduces different subjects of copyright ownership disputes,such as artificial intelligence designers,investors,users,etc.,evaluates and analyzes the views on the ownership of different subjects of dispute,launches the interest analysis of each identification standard,and then clarifies my views and puts forward the best path of copyright ownership.Finally,establish the protection mode of AI products.First,combined with judicial practice,explain the institutional dilemma of the current mainstream author’s right to protect AI creations,and then discuss several copyright protection modes.The first scheme is to refer to the film producer protection mode: the second scheme is the combination of the unit production mode;Compared with other modes,the designer protection mode of scheme 3 highlights the special right mode: adjacency right mode,and expounds its special design in detail,such as the subject,object,content,protection period,right restriction and supporting copyright registration system of the adjacency right of artificial intelligence products.By returning to the practice of artificial intelligence creation itself,reconstruct the copyright protection mode of artificial intelligence products. |
