| In recent years,artificial intelligence has developed to the extent that it can independently learn and collect data,and can generate relevant content through the results of independent learning and collection.The artificial intelligence of the new era has exceeded the pure tool utility of traditional robots,as the field of literature and art.A special role has entered the public’s field of vision,but it has also caused academic circles to dispute the issues related to artificial intelligence in copyright law.The author aims to explore the protection scheme of artificial intelligence generated content,and divides the paper into five parts:question-making,theoretical obstacles,extra-territorial experience,rights attribution and protection scheme.Firstly,in the first part,according to the development status of artificial intelligence and the research results of domestic scholars on artificial intelligence related problems,it is proposed whether artificial intelligence generates content is the work of copyright law,how the right of artificial intelligence to generate content belongs and how to carry it out Protect three issues.Subsequently,the second part explores the theoretical obstacles to protecting the content generated by artificial intelligence.Since the”Copyright Law" was made earlier,the legislator could not foresee whether the development of the original copyright law would change after the development of science and technology.Therefore,there is no mention of how the artificial intelligence generated content is qualitative and how to protect it in the copyright law.In addition,the originality of artificial intelligence generated content is doubtful,artificial intelligence itself cannot be the subject of copyright,and the attitude and method of its protection have been unclear.Secondly,the third part is inspecting the experience of the rights and protection paths of artificial intelligence generated content outside the domain.It selects the United States,the European Union and Japan as reference objects,and analyzes the problems of artificial intelligence in countries from its policy orientation and practical experience.Thirdly,based on the analysis of domestic academic circles and the experience of extraterritorial experience,the fourth part discusses how the right of artificial intelligence to generate content belongs.Since artificial intelligence is only a high-tech product designed by human beings,it does not have the qualification to become the subject of copyright law.The subject of artificial intelligence to generate content can only be human.According to the copyright law,authors are encouraged to create and economically.In the role of incentive investment,among the several schemes of the owner,owner,investor,user and artificial intelligence,the choice of the owner is the optimal solution.Finally,in the fifth part,this paper discusses the artificial intelligence generated content protection scheme that best meets China’s national conditions.Based on the lag of legislation,it is not necessary to rush to set up a new law to protect it.Instead,it should try to incorporate the artificial intelligence generated content into the copyright law protection system.And refer to the registration model of similar trademarks to judge whether or not to give protection.In the process of protection,we must pay attention not to raise the threshold of protection too much,in order to prevent the phenomenon of artificial intelligence”work,flooding and waste of legal protection of resources. |
