Study On Copyright Of Content Generated By Automated Writing

With the development of science and technology,mankind from the heavy physical and mental labor to liberate,in which the machine writers from the human brain in some areas of labor freed.The machine writers are currently used mainly in the field of literature,art.With the machine writers in more and more areas of frequent "posts",the machine writers and their creative achievements is necessary.The first question is whether the creative work of the machine writers is protected by copyright law.According to the work mode of the machine writers,the results of the writing of the machine can be divided into the works protected by the Copyright Law and the works protected by the Copyright Law.The author of the machine can not be produced independently by the copyright law "Protected works,only people involved in the creation of the process to produce by the" Copyright Law "to protect the works.When the creation constitutes a work protected by the Copyright Act,the machine writer often only plays a supporting role in it.The machine writers can not be the subject of the law,and their participation in the creation of the copyrighted works protected by the rights of the right to belong to the people involved in the creation-software users or software developers,the two types of subjects contribute to the creation of works Etc.,combined with the specific application of the machine writers,software users can make the contribution to the creation of the work than the software developers,and according to the principle of balance of interests of the intellectual property system,the interests of software users need to protect,Hand works,the copyright belongs to the software user is more suitable.According to the work mode of the machine writers,it has the ability to capture the possibility of infringement.Machine writers are both likely to violate the work of property rights and may also violate the work of personal rights.The role of the writer in the creation of the machine determines the commitment of the tort liability: If the machine writers independent creative results of infringement,software developers duty-bound.From the point of view of the function of the machine,if the machine writer has only a simple infringing function,then the software developer assumes indirect tort liability,the software user assumes direct tort liability;if the machine writer is not only a single infringement function,the software developer May be exempt from the principle of technical neutrality,and software users need to bear tort liability.