| The emergence and application of artificial intelligence make the machine,an auxiliary tool in the past,start to intervene in creations and automatically generate many creative works in the fields of literature,arts and sciences.These creative works are so similar to those of human beings in form that it is hard to distinguish each other in judicial practice.It is difficult to define the legal character and the ownership of the artificial intelligence generated contents in the application of law,therefore the artificial intelligence generated contents will continue to impact the existing copyright system with the further maturation of the technology,so it is necessary to re-clarify the proper position of artificial intelligence generated contents in the copyright system.Recalling the history of copyright law,each technological progress will always break the original balance of interests,forcing investors to urge the adjustment of legislation and judicial rules.It is the development of technology and industry that has promoted the evolution of copyright law.Nowadays,the artificial intelligence technology has caused the unbalanced status of the copyright system and it is possible to become the inducing factor for the change of the copyright system.Based on philosophical foundation,the rights theory represented by "labor theory" have always been the paradigm of legitimacy of property right due to the value of natural law in spite of controversy.According to that,artificial intelligence generated contents conform to the expanding connotation of "labor theory" so that it is imperative to construct an appropriate and reasonable system to give it proper natural rights.With the use of cost-benefit tools,artificial intelligence generated contents in the copyright industry embodied in the social benefits than its social costs,so to set clear rules can further release the economic vitality.In addition,incentive theory which implied copyright law legislation evolution and industrial demand,could provide a legitimate basis for the artificial intelligence generated contents.In summary,it is necessary to protect artificial intelligence generated contents through copyright law.There are objective standards and subjective standards in the identification of originality:the objective standard requires "independence + creativity",which is done independently and has the minimum of creativity in the copyright law.The subjective standard requires that originality must include "human factor",and the lack of "author personality" does not meet the original requirements.From this point of view,artificial intelligence generated contents can be generated by artificial intelligence alone,and could meet the objective standards of "independence "and "creativity" following the convergence of the two legal fields.In the review of subject standards,the expansion of copyright is a natural evolution along with the development of economy and technology,and the personality factor has its own insurmountable logic defects.The history is also eloquent to prove that "human personality" is only a part of the characteristics of the work but not the necessary and sufficient condition for judging whether originality is enough or not.To mitigate the original standard of "human personality" is a wise choice to adapt to copyright legislation and industrial appeal.In summary,artificial intelligence generated contents can meet the originality requirements to be copyrighted.The theory of civil law based on philosophical theory has formed the structure of"the dichotomy of subject and object" in the legal relationship.With the controversy and reconciliation of the trend of "subject-object",the subject and object of civil relationship are still strictly separated and cannot be converted at this stage.According to that,only human can become the legal subject but the artificial intelligence(object)could not.Reviewing the history of the copyright law again,copyright law is a mere tool of encouragement to encourage innovation by granting investors exclusive rights.Returning to the nature of copyright property,China has recognized the author’s status of non-creators in the copyright law.According to this idea,the artificial intelligence generated contents can be applied analogously to the application of "non-creator as the subject of rights" in our legal system,and the user or owner of artificial intelligence could enjoy the copyright for the generated contents.At the same time,from the perspective of market effect,such institution can make the market get enough encouragement,and then promote the artificial intelligence generated contents industry to maximize the benefits.In summary,the user or owner of artificial intelligence could enjoy the copyright of the generated contents above. |
