Font Size: a A A

Research On The Legal Problems Of Artificial Intelligence Creative Property Copyright

Posted on:2020-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WanFull Text:PDF
GTID:2416330590452458Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Artificial intelligence is one of the great inventions to promote the progress of human society since the 21 st century.It not only provides great convenience for human life,but also brings some challenges to our current intellectual property system.Artificial intelligence has been widely used in various fields in recent years,and many achievements have been made in the generation of artificial intelligence.Sunshine Lost Glass Window is a collection of poems published by Beijing Union Press.It has been rated as 100% of the works handed down by AI and circulated wildly on the Internet.The poems from this collection of poems are difficult to distinguish from or even surpass human works.After the publication of this collection of poems,the works created by the poet Xiao Bing were repeatedly copied and could not be protected by copyright.The copyright law of AI works has always been a hot topic in the industry,which inevitably leads to legal disputes and problems.Some scholars believe that AI creations do not have copyright,and their content does not meet the conditions of copyright law protection.Some scholars believe that AI creations have copyright and their content is original.Firstly,this paper discusses the concept and types of AI creations,divides AI creations into mechanical AI creations of the first kind and deep thinking AI creations of the second kind,in order to determine the research object of this paper,and emphatically analyses the necessity of copyright protection from the angle of AI creations of the second kind;secondly,it divides AI creations into mechanical AI creations of the first type and deep thinking AI creations of the The premise of determining the copyright of AI lies in the analysis of the originality of AI creations.The criteria for judging the originality are mainly analyzed from the two components of "originality" and "creation".The author thinks that AI creations are original,which constitute works and obtain copyright protection.Then,the author analyses the problems involved in the identification of AI copyright subjects.It mainly includes two problems: the indefinite status of AI copyright subject and the unclear ownership of copyright.There is a great controversy in the academic circles on this issue.Can AI itself become a copyright owner? If it does not belong to AI itself,who does the copyright belong to? Is it the designer,owner or investor? From the perspective of comparative law,this paper introducesthe legislative progress of the protection of AI creations in foreign countries.It mainly expounds the current situation of the protection of AI creations in the countries of continental law system dominated by Japan,Anglo-American law system dominated by the United States and international organizations.It gets inspiration and further explores the legal protection suggestions of AI creations in China.Including recognizing that AI creations are original and should be defined as works and protected by copyright law;strengthening the system construction of AI creations protection;recognizing the rights of AI creators,AI itself does not have the qualification of legal subject,and its copyright in creations should belong to the users of AI;developing around the current "Copyright Law",Neighborhood right mode is used to protect AI creations,and the protection period is designed to shorten the protection period.
Keywords/Search Tags:Artificial Intelligence Creation, Copyright, Originality, Ownership of rights
PDF Full Text Request
Related items