| The advance of computer technology promotes the birth of a new discipline called artificial intelligence.AI refers to the research,development,and is mainly used in the simulation to extend and expand human's intelligence.At present,AI is developing from narrow to general and its creation form is changing from with human's help to without human's help.Its development speed is very fast.AI is good at creating in not only the field of science but also the field of literature and art.Its products' appearance are similar to human's work and has extra market value.The AI products with human's help are still within the scope of the traditional copyright law protection.While For the AI products without human's help,we shall consider in advance on the legal protection of them to avoid them in a state of flux.What kind of law protection model should be taken to protect AI products is uncertain in academic circles.If the copyright law is taken to protect,the legal entity should be a natural person.It has two basic principles to define work,one is the clarification of thought and expression and another is the originality.So if the AI products are eligible to the definition of a work in the copyright law?And whom should the copyright of AI products belong to?These are the problems to be solved.The paper is going to discuss the expansion of the definition of 'work' in the copyright so that AI products will be in the protection of copyright law.The full text is divided into five parts:The first part is the introduction including the raise of problem,research status and research methods at home and abroad;The second part tells the necessity of protecting AI products.And it includes the necessity from the public demand for artificial intelligence products,real industry and investors,demand,and the inevitable requirement of interest balance;The third part is legislation cases of protection of AI products overseas.It includes the protection model of the European Common,Japan.Australia and UK;The fourth part is the doctrinal analysis of the copyright protection of AI products.It is concluded that no matter from the point of view of the expression of thought or from the originality,the AI products and human' work have similarity,so through expanding the definition of 'work' in the copyright law,the AI products shall be protected by copyright law;The fifth part,through denying the legal entity qualification of artificial intelligence,and the analysis of the artificial intelligence products' interest subjects,after weighing the pros and cons,the conclusion is drown that the copyright of AI products should belongs to the investors. |
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