Recently,artificial intelligence technology has made considerable development and has been able to independently create something,such as novels,music,paintings.Artificial intelligence generated content is an expression similar to work created by humans.Since it is the result of algorithm model calculation,rather than being created by human beings,it means that artificial intelligence generated content is not the expression of thoughts or emotions of human,which is difficult to be recognized as a work in copyright law,causing a series of problems.Firstly,it is difficult to provide effective legal protection for artificial intelligence generated content until the problem of their legal nature is solved.Then,it is difficult to determine attribution of right between the designer,owner and the user.Finally,if artificial intelligence generated content can’t be characterized as work,other appropriate protection modes should be found to protect them.By analyzing the concept,nature and the necessity of legal protection of artificial intelligence generated content,this article considers that the artificial intelligence generated content is the expression similar to the work created by human beings,which is produced by using the computer technology such as big data,deep learning.It is not different from the works created by human beings except for the way and the subject.We should find the protection path in the copyright law.In copyright law,artificial intelligence generated content can’t be defined as a work,but should be identified as the object of neighboring right.New neighboring right named the right of producer of artificial intelligence generated content should be established.When it comes to the issue of attribution of right,the agreement shall be followed;When there is no agreement,the right belongs to the user of artificial intelligence.The right holder does not enjoy the spiritual rights,but should enjoy 12 property rights,such as the right of reproduction,the right of distribution and the right of exhibition. |