On The Identification Of The Copyright Of The Products Of Artificial Intelligence

Since the Copyright Law came into being,its legislative goal has always been to encourage the author’s creation and dissemination of his works by giving the obligee legal exclusive rights.Human-centered is the core of copyright law.On the one hand,works are considered as the selective expression of the author’s personal feelings.On the other hand,the ownership of rights in works can only be natural persons,legal persons or other organizations.However,with the development of science and technology,intelligent machines,which only play an auxiliary role,can generate content independently.Machines have changed from tools to creators.Then two related copyright legal issues arise: first,whether artificial intelligence creations can be recognized as works;second,the ownership of the rights of artificial intelligence creations.With the continuous increase of artificial intelligence creations,if the content attribute and right ownership are not clearly defined,a large number of copyright legal disputes will not only have a serious impact on the existing copyright market,but also go against the long-term steady development of artificial intelligence.In view of this,this paper is divided into four parts to discuss the protection of artificial intelligence products in copyright law.The first part is the analysis and identification of the concept,characteristics and types of artificial intelligence and its products.By investigating the working principle of artificial intelligence,the artificial intelligence is divided into weak artificial intelligence and strong artificial intelligence.The second part is about whether artificial intelligence products constitute the right works and attribution analysis of the problems such as one to work on the cognizance of the theoretical circle and the current law,to work original whether be identified works at the core of the problem,the other is artificial intelligence products copyright ownership is not clear,the Chinese and foreign scholars opinions on whether to grant artificial intelligence copyright subject position is inconsistent;The third part is the answer to the first question.Based on the above analysis,the author believes that the products of artificial intelligence not only meet the composition requirements of the work in form but also meet the essentialcomponents.The essential components are the elaboration of originality.The formal constitutive element is the elaboration on the specificity and replicability of the expression and generated content,so the author affirms that artificial intelligence should be protected by China’s copyright law.The fourth part is a response to the second question,first analyzes the theory and practice of artificial intelligence products copyright ownership,in considering the blank of legislation,the needs of the development of intelligence industry and the public accessible factors,artificial intelligence products right ownership system setting,the author’s view is: the contract first,in the absence of contract considering the theoretical basis,practical operation and the advantage for the future development of artificial intelligence,and constructed the owner as the core of the system Settings.Considering the close relationship between other topics and the products of artificial intelligence,the paper also discusses the specific institutional arrangement of the relevant rights subjects at the end of the paper.