Research On Copyrightability And Protection Of Artificial Intelligence Creatures

Human beings have entered the era of artificial intelligence.With the increasingly mature technology of artificial intelligence,more and more artificial intelligence has been applied to various fields of human production and life.In the field of intelligent creation,artificial intelligence has developed particularly rapidly,and its creation results have reached the level of distinguishing the fake from the real.However,at present,the legal community has not formed a relatively unified conclusion on the identification and protection of the nature of artificial intelligence creations.The development of artificial intelligence is divided into three stages.The discussion on the legal relationship of artificial intelligence is based on the premise that artificial intelligence is still in the stage of strong artificial intelligence.Only in the stage of strong artificial intelligence can it be necessary to provide copyright protection for artificial intelligence creations.This paper explores the work attributes of artificial intelligence creations from two major directions: first,the "originality" of creations;second,whether the creation process of artificial intelligence contains its own unique emotional expression."Originality" is judged by objective differences,while the exploration of the creation process of artificial intelligence starts from the subject qualification of artificial intelligence.Through comparison and analysis,the author thinks that the "uniqueness" of the creation of artificial intelligence,and the characteristics of the "creative" gives the attribute of the works,so should be protected by copyright,and the independence of the artificial intelligence in the creative process and the expression of feelings should not be limited within the scope of the we are can understand,in theory there is no any obstacle to civil main body status of artificial intelligence,consult legal person system,can at least give the qualification of "artificial subject".However,due to the limitations of the actual situation,in terms of system construction,we can assign the amount of liability property to artificial intelligence by establishing the mandatory insurance system of artificial intelligence,so as to solve the possible infringement problems.At the same time,the property rights enjoyed by ai due to civil activities such as creation and labor are enjoyed by its owners on its behalf,and the property rights enjoyed by human beings instead of ai will automatically become the responsible property of specific robots in the case of infringement by intelligent robots.