| With the rapid development of artificial intelligence technology,the form and content of artificial intelligence are becoming more and more diverse,bringing a full range of ethical and legal challenges to human society.Artificial intelligence technology encountering intellectual property system has become an inevitable historical necessity.In the field of copyright,the copyright legislation related to artificial intelligence in China is still blank.Therefore,can artificial intelligence generated works constitute a work? Can artificial intelligence become an author? What kind of system is used to regulate the copyright of artificial intelligence generated works? These issues are urgently to be discussed.Throughout the development of artificial intelligence,in view of the continuous development of artificial intelligence deep learning,unsupervised learning and other technologies,the autonomy of artificial intelligence operation is getting stronger and stronger,and the autonomous artificial intelligence generated works are also appearing.However,such generated works have the characteristics of high efficiency,and the appearance is indistinguishable from human works,which poses a challenge to traditional copyright protection.Therefore,this thesis takes this kind of artificial intelligence generated works as a research object for analysis.At present,many countries and organizations have initiated motions to enact legislation on artificial intelligence generated works,but the number of countries with laws and regulations is still small.For the workability of artificial intelligence generated works,we first analyze the results of the generated results,combined with originality judgment standards,artificial intelligence core technology and acceptance aesthetic theory,we can recognize that artificial intelligence generated works can be original.Secondly,the extension and scope of the current "intellectual achievements" are relatively vague,and the cognitive mode of artificial intelligence is closer with humans than that of animals.Therefore,this thesis believes that its generated works can be included in the scope of "intellectual achievements".It satisfies the four elements that make up the work and is functional.Based on the above analysis,there is a need for artificial intelligence generated works to be protected by copyright law.For the problem of ownership of artificial intelligence generated works,artificial intelligence does not have the ability to bear responsibility and balance the interests.Therefore,artificial intelligence cannot be regarded as the "author" in the legal sense of its works,nor can it be in the relationship of job rights,becoming an "employee".Therefore,using the legal fiction technology to make the human subject related to artificial intelligence into the "author" is a solution.However,the specific rights should be attributed to the principle of autonomy of will,and if the agreement is not agreed,the owner of artificial intelligence is the subject of rights.Finally,this thesis proposes two ideas for the registration review system of artificial intelligence works,in order to distinguish between general human works and artificial intelligence works from the source.It is also recommended to use artificial intelligence machine name labeling for artificial intelligence works to help the infringer to quickly contact the right subject of artificial intelligence works in combination with the registration information. |
