| Artificial intelligence generated contents have originality and can be the object of copyright.Because of the lag of law,artificial intelligence and artificial intelligence generated contents are not included in the protection of copyright law,but the inadequacy of legal subjectivity does not mean that the generated contents are not original,and the originality of the generated contents of artificial intelligence cannot be denied because artificial intelligence cannot be endowed with rights.There are two ways to protect such achievements in copyright law,one is copyright path,the generated content is original and can be recognized as a work,and the relevant copyright of the content of artificial intelligence is granted to the owner or user of artificial intelligence.In judging the originality of artificial intelligence generated contents,objective criteria should be taken as the main criterion and subjective criteria as the supplement.The objective criterion is to see whether the generated contents of artificial intelligence have identifiable differences with the existing works in the form of expression,so as to exclude the plagiarized results,at the same time,with appropriate reference to subjective criteria,artificial intelligence will be personalized,to see whether the results have artificial intelligence character and the instrumental results will be excluded.The so-called character of artificial intelligence is the independence of artificial intelligence in the creative process or the uncontrollability and unpredictability of the creative results,for artificial intelligence,the more independent the creative process and the more uncontrollable and unpredictable the creative result,the stronger the character of artificial intelligence,which indicates that originality of the artificial intelligence product is higher,the more likely it is to constitute a work in the sense of copyright law.Secondly,the neighboring rights path,the protection of neighboring rights matches the low cost and high efficiency of artificial intelligence in content generation,the original artificial intelligence contents can be the object of neighboring rights,from the perspective of protecting the interests of investors and promoting the development of artificial intelligence industry,the neighboring rights can be entrusted to artificial intelligence investors.The paper discusses the copyright law protection of artificial intelligence generated contents.The main body is divided into three parts:The first part introduces the difference between artificial intelligence and computer derived works and the application of artificial intelligence in the field of literature and art,at the same time,it analyses the protection of artificial intelligence generated contents in foreign countries,and further elaborates the necessity of protecting such achievements.According to the current application of artificial intelligence,artificial intelligence generated contents are not computer derived works.artificial intelligence generated contents are independent from the creative process,uncontrollable and unpredictable from the creative results,it is totally different from the computer as an assistant tool for human creation,this is also the premise of discussing artificial intelligence generated contents,otherwise,as a tool for human creation,the originality can be judged directly according to the human work.The application of artificial intelligence in the field of literature and art has achieved good commercial results,it is necessary to protect such interests in copyright law,at the same time,in order to maintain China’s competitive advantage in artificial intelligence industry,it is necessary to speed up the pace of legislation of artificial intelligence industry.The second part analyses the copyright protection path of artificial intelligence.Firstly,the paper discusses the originality of the standards,based on the analysis of the originality standards,it proposes the originality recognition standard for the new results of artificial intelligence generated contents,that is,objectively observing whether the product has identifiable differences with existing works,and also examining the independence of artificial intelligence in the process of creating results or the uncontrollability and unpredictability of creative results.Secondly,the ownership of copyright of artificial intelligence generated contents is discussed,and thinks that it is reasonable to attribute the copyright of artificial intelligence generated contents to the owner or user of artificial intelligence.The third part analyses the protection path of neighboring rights of artificial intelligence generated contents.Firstly,it demonstrates that artificial intelligence generated contents can become the objects of neighboring rights,and the objects of neighboring rights are usually not original results,while artificial intelligence generated contents are original and can be the objects of neighboring rights.At the same time,the characteristics of artificial intelligence in content generation,such as high efficiency and low cost,are compatible with the protection of neighboring rights.Secondly,the paper argues that it is appropriate to give the neighboring right to artificial intelligence investors,the neighboring right is associated with science and technology,artificial intelligence generated contents and neighboring rights have natural compatibility.The basic purpose of the neighboring rights system is to protect the interests of investors,and artificial intelligence is a high investment industry,therefore,it is appropriate to endow neighboring right to artificial intelligence investors. |
