Research On Copyright Protection Of Artificial Intelligence Products

We have entered the era of artificial intelligence.In the fields of literature,art and scientific creation,artificial intelligence uses neural network learning technology to generate expressions that are almost indistinguishable from the appearance of human works,which brings many challenges to the copyright legal system.As a result,whether artificial intelligence products can be protected by the copyright law and how artificial intelligence products can be protected by the copyright law have become very controversial theoretical and practical issues that need to be solved.Defining and demonstrating the attributes of artificial intelligence is the logical starting point for solving the problem of copyright protection of artificial intelligence products.At present,artificial intelligence is nothing more than a technical means of simulating human brain for data analysis and processing.From a philosophical perspective,artificial intelligence lacks cognitive rationality,autonomous consciousness and emotional abilities,and its subjectivity is difficult to reach a social consensus.At the legal level,artificial intelligence lacks free will and will ability,has no independent property,and does not have the qualifications of civil subjects.It is a creative tool for natural persons to engage in intellectual activities.The artificial intelligence products produced under the technological path of data-driven algorithm simulation creation are essentially the intellectual achievements of natural persons using intelligent tools.Defining the intellectual achievement attribute of artificial intelligence products meets the ethical requirements of property rights protection and can meet the practical needs of multi-agent interest protection.The previous creative behavior in the artificial intelligence products refers to the intellectual activities made by natural persons that has a substantial contribution to the production of the artificial intelligence products in the overall creation process of the artificial intelligence products.The definition of previous creative behavior is the prerequisite for judging the copyrightability of artificial intelligence products.The production process of artificial intelligence products includes human prior intelligence input process and automatic algorithm generation process.Human prior intelligence input process is invested in process control and determines the process of automatic algorithm generation.People’s subjective will,value judgments and aesthetic standards continue in the process of automatic algorithm generation.Therefore,people’s previous intellectual input should be incorporated into the creation process of artificial intelligence products for overall evaluation.People’s previous creative behaviors are manifested in different behavior patterns in the data input and machine learning stages,which have a substantial contribution to the production of artificial intelligence products.The previous proposal of creative behavior established a direct connection between human intellectual activities and artificial intelligence products,and strengthened the natural person’s creative subject status in artificial intelligence products.The controversy about copyrightability of artificial intelligence products mainly focuses on the identification of originality.Based on different value considerations,two different judgment standards of originality are gradually formed,which are guided by the creative process and guided by the creative results.The originality judgment criterion oriented by the creative process requires the examination of whether the work reflects the author’s personality and creative intention from the inner creative process.The originality judgment standard oriented by the creation result requires that from the perspective of ordinary readers,judge whether the objective expression of the work has the aesthetic value to meet the needs of ordinary readers,and whether there is a significant difference between existing works or information in the public area.As far as the originality determination of artificial intelligence products is concerned,if a single result-oriented or process-oriented originality judgment standard is adopted,there are inadequate.Therefore,it is necessary to establish the original judgment standard of "the unity of subjective and objective" artificial intelligence products.The "Film Case" and the "Tencent Case" are typical cases of disputes over copyright infringement of artificial intelligence products in China.Through the analysis of these two cases,it is found that the following problems exist in the judicial protection of the copyright of artificial intelligence products: the standards for determining the copyrightability of artificial intelligence products are not uniform,there are deviations in the identification of differences in the objective manifestations of artificial intelligence products,and the path of identifying creative behavior under artificial intelligence intervention conditions is inconsistent.In view of the above problems,the court should adhere to the judgment standard of "subjective and objective unity" when determining the copyrightability of artificial intelligence products,and adopt the path from objective to subjective.In the identification of the difference of objective manifestations,as long as there is a minimum difference between the artificial intelligence products and the system input work data,and has the aesthetic value that meets the needs of ordinary readers,it can be preliminarily presumed to be original.Then,court should further identify the previous creative behavior in the artificial intelligence products.If a person’s previous intellectual investment has made a substantial contribution to the production of artificial intelligence products,court can determine that it constitutes a creative act.When the objective manifestation of artificial intelligence products meets the minimum requirements for differences,and the artificial intelligence products are derived from human creative behavior and can reflect human personality and creative intentions,the court can determine that it constitutes an original work.Artificial intelligence products are intellectual achievements created by natural person and should be included in the copyright law for protection.The provisions of the current copyright law can basically be applied to artificial intelligence products.However,compared with ordinary works,artificial intelligence products have relatively low quality,diversified stakeholders and rely on the data of previous works,so there gaps in the current copyright protection system.Therefore,it is necessary to establish a special system for the copyright protection of artificial intelligence products.Firstly,the "signature" identification obligation of artificial intelligence should be added to indicate the true source of artificial intelligence products.In order to ensure the active fulfillment of the signed mark,the signed mark should be included in the scope of the copyright owner’s "rights management information" for special protection.Secondly,establish a right ownership system of "giving priority to contract agreement,taking artificial intelligence users as the core and investors as the supplement".Finally,the copyright exception clause of "Computer Information Analysis and Mining" was added in the form of special legislation to bring the expressive use of artificial intelligence into the scope of fair use.