Research On The Protection Of Neighboring Right Of Artificial Intelligence Generating Content

With the improvement of hardware computing ability,the breakthrough of core algorithms and the support of massive Internet data,artificial intelligence has become the focus of science and technology in the world,but also a novice in the field of literature and art.At present,there are a lot of objective practices of AI generating content,such as poetry,prose,press releases,paintings,songs and other literary and artistic fields,which have economic value.The AI generating content has become the real tradable object of property rights,while the copyright law in China lags behind the AI generating content.Therefore,the core of this paper is to clarify the legal nature of the content of AI generation and its related rights and interests.This is not only the inevitable requirement of the interests of copyright industry,but also of great significance to the healthy development of AI industry.This paper has three parts besides introduction and conclusion.In the first part of this paper,the development history of AI is briefly summarized.The research object of this paper is limited to strong AI,which can think and solve problems independently.By further analyzing the operation mechanism of AI to natural language processing,it is concluded that the content of AI generation is not the simple application of algorithms,templates and rules,but the result of self-deep learning.The development of AI from assistant creative tools to independent actors brings many challenges to the current People-oriented Legal system.This challenge is reflected in the aspects of copyright,such as the quality of AI generated content,the ownership of rights and the setting of rights.The second part of the article analyses the originality of the content of AI generation in order to judge whether it conforms to the works in the sense of copyright law.The judgment of the standard of originality is mainly based on the double judgment of the standard of literary meaning and the standard of personality.Among them,the standard of literary meaning includes two sub-standards of "originality" and "creation".The content of AI generation is the product of independent generation through in-depth study of massive data,and the content of AI generation not only meets the minimum artistic aesthetic requirements,but also is not very different from the external manifestation and commercial value of the works created by human beings,and meets the requirements of "originality" and "creation" in original literary meaning.But the copyright law of our country transplants the personality elements of the copyright law of the continental law system,while AI has no thought,creativity and emotion,and its creation does not reflect the will of the participants.Therefore,the content of AI generation does not satisfy the personality requirement,and should be characterized as a result of lack of originality.The third part of the article elaborates the legitimacy and rationality of the content of AI generation through the protection of adjacency rights.In the logic of development,the right of neighbourhood is always closely related to the development of science and technology,and the development of the right of neighbourhood system has become a more open system.In a broad sense,the right of neighbourhood not only protects the rights of disseminators,but also includes the content of creation which needs protection by copyright law but lacks originality.In terms of system value,the content of AI generation not only improves the utilization and dissemination of human's existing wisdom achievements,but also encourages the investment of investors and promotes the development of AI industry.In terms of balance of interests,neighbouring rights are lower than narrow copyright in terms of protection intensity and duration of rights.This system design reconciles the one-sided contradiction between exclusive protection and public interests,and solves the conflict of interests in the development of traditional copyright industry.The The fourth part of the article elaborates the specific legal structure of the adjacent right protection of AI generation content from three aspects: the subject of right,the content of right and the duration of right.In terms of the subject of rights,in the absence of agreement or unclear agreement,the subject of rights should first be determined according to the participants "intellectual input" to the content of AI generation,that is,the substantial contribution.In the process of AI creation,the multi-participants do not participate in the actual creative process or only play a supporting role,and "intellectual input" is insufficient.The essence of "non-intellectual input" is the cost of realization of rights.Copyright law is actually an incentive mechanism to realize the incentive of investment in information production and dissemination through the allocation of rights.The relationship between "non-intellectual input" and incentive mechanism is the means and purpose.Judging the "non-intellectual input" of many participants becomes the key to the realization of the incentive mechanism of copyright,and the object of incentive is the subject of rights.Artificial intelligence investors have the most "non-intellectual input" and the greatest cost of rights realization,which should be rewarded by copyright incentive mechanism.Therefore,the conclusion is drawn that the adjacency right of AI generated content should be enjoyed by investors.Finally,in order to protect the traditional copyright market and prevent the imbalance of the original interest distribution mechanism,the protection of adjacent rights to the content generated by AI should be weaker than the protection of works by copyright in a narrow sense,and elaborated on the specific content of rights in terms of content and duration of rights.