Research On Copyright Of Artificial Intelligence Creations

Although the discussion on whether AI creations are protected by copyright has broken through the traditional theory of copyright object and subject,it is of great significance to promote the copyright legal system and keep pace with the times.Artificial intelligence creations,as a new thing in line with the development of the times,can not simply apply the traditional copyright legal system to judge its copyright.This research takes the copyright of AI creations as the research object,takes the identification criteria of copyright object and the ownership basis of copyright subject as the research style,and bases on the corresponding copyright theory,aiming at proving that AI creations should be protected by copyright.Creator is the biggest obstacle to the identification of copyright of AI creations.The creative subject of AI creations directly affects the identification of works of AI creations and the determination of copyright ownership subject of AI creations.Artificial intelligence creations are not the expression form of the author’s thoughts,and they are not original,so they are not copyright works;human subjects have substantial contributions to the production of artificially intelligent creations,and their creators are essentially human beings,so they should be recognized as copyright works.Artificial intelligence creations are not recognized or recognized as copyright works because they affirm or deny that artificial intelligence is the subject of creation.In addition,according to the relevant provisions of the Copyright Law,the author enjoys copyright as the creator of a work,including natural person authors and legal persons and other organizations regarded as "authors".Artificial intelligence(AI)is the creative subject of AI creations.AI is neither a natural person,nor a legal person or other organization.Its legal attribute is the object of right.Therefore,AI creations can not enjoy copyright because they are the creative subject of AI creations.Therefore,in order to solve the copyright protection of AI creations,we should take certain theoretical basis as guidance,identify AI creations as works,and further clarify the ownership of AI creations.Based on a certain theoretical basis,combined with the background of the current Civil Code,copyright protection of AI creations is a systematic project,which is embodied in many levels.At the level of copyright object identification,we should analyze the rationality of AI creations protected by copyright based on the development law of copyright object.According to Article 2 of the Implementing Regulations of the Copyright Law of China,if AI creations are to conform to copyright objects,they should meet the requirements of originality.Based on the view that ideas are not protected in the theory of thought/expression dichotomy,the criterion of originality of AI creations should be inclined to objective criteria,which can be summarized as creativity in expression and "sufficiently differentiated changes".On the subject of copyright ownership,based on the theory of personality rights and labor empowerment,artificial intelligence should be excluded from the scope of the subject of copyright ownership of AI creations.To sum up and integrate the copyright ownership modes of AI creations in theoretical circles,two conclusions will inevitably be drawn: first,the copyright of AI creations ultimately belongs to human subjects;second,there are many subjects involved in the process of AI creations creation.According to specific circumstances,the copyright ownership subjects of AI creations should be specifically analyzed.