| Artificial intelligence trains data through algorithms and is able to construct patterns to generate expressions by selecting,organizing and arranging.This expression is basically the same as the works protected by copyright law.So far,scholars have been indifferent as to whether artificial intelligence generated content should fall into the protection scope of copyright law and how to protect them.Research on the legislation protection,theoretical research,and judicial practice of artificial intelligence generated content,firstly,according to the ethical basis and property attributes of artificial intelligence generated content,the necessity of legal protection of artificial intelligence generated content is demonstrated and it should become a new type of legal object;secondly,based on the basic theory of the author’s rights system,this thesis emphasizes the subjectivity of the creation of the work,the practicality of expression,and denies the properties of the artificial intelligence generated content;finally,the limitations of the current laws protecting the artificial intelligence generated content are pointed out,and forward-looking suggestions are proposed.PartⅠ:Briefly describe the expression form and working mechanism of artificial intelligence generated content.The manifestations of artificial intelligence generated content are mainly distributed in the fields of news,art,poetry,etc.,and rely on the functions of algorithms such as machine learning to realize the independent combination of symbols or words.PartⅡ:Explore the legal status of artificial intelligence generated content.At the ethical level,the research and development of artificial intelligence not only requires a high labor input and material contribution,but also,the artificial intelligence generation activities are convenient and efficient,and its results are conducive to promoting the development of the knowledge economy and improving the value of literature.At the attribute level,artificial intelligence generated content have the characteristics of usefulness,transactionality and definability,and meet the requirements of intangible assets.Therefore,in order to respect the hard work of human beings,protect the interests of the personnel and encourage artificial intelligence technology innovation,artificial intelligence generated content can be raised as the object of legal adjustment.PartⅢ:Judgment on copyrightability of artificial intelligence generated content.Firstly,the objective originality theory ignores the importance of "creative activities".The traditional works unite the author’s experience and efforts,and are closely related to human thoughts and emotions.In the environment of artificial intelligence generation,human creative activities have disappeared;moreover,the lower the control of the specific artificial intelligence expression process and the less contributions,the human spirit cannot fully integrate into the final results,and then the legal "originality theory" requirements are difficult to meet.Secondly,artificial intelligence generated content have no practical expression.Expression is not only a spontaneous instinct of human beings,but also a practical activity based on social labor and social relations,activated and continued through subjective initiative.However,artificial intelligence does not have self-consciousness and cannot participate in or organize social activities.The expression it generates lacks the labor foundation,and in the strict sense,it is difficult to become a human expression.Thirdly,the traditional legal basis of copyright is weak on the road of justifying artificial intelligence generated content.The contribution of artificial intelligence to its final generated content is relatively high,plundering the Locke’s labor foundation for human beings to obtain copyright;the human personality contained in the artificial intelligence generated content is only a broad-based theory of property externalization,which cannot satisfy the standard of personality theory required by copyright law;artificial intelligence itself cannot respond to the direct incentive purpose of the copyright system,and giving artificial intelligence generated content copyright protection will seriously exploit the willingness of ordinary human authors to express their ideas.Finally,the interest relationship between artificial intelligence generated content is different from the social relationship adjusted by the current copyright law,so that the current copyright law does not have the universal effect of adjusting artificial intelligence generated content.Since there are no “human authors” in artificial intelligence generated content,the copyright attribution principle,personal rights system,and liability principle will face the dilemma of failing functions;moreover,the environment in which artificial intelligence algorithms efficiently learn and copy data makes reasonable use systems to be improved.At the same time,the development process of artificial intelligence is volatile and complex,making it difficult for traditional copyright law to deal with it calmly.Therefore,artificial intelligence generated content are not works,and they cannot fall into the protection scope of copyright law.PartⅣ:Analysis of the feasibility of existing legal protection models for artificial intelligence generated content,and put forward suggestions for special system protection.Aiming at the particularity of the artificial intelligence generating environment and the intangibility of the generated content,the interpretation space of property law and anti-unfair competition law is limited and cannot accommodate artificial intelligence generated content.When the artificial intelligence generation environment matures,relevant knowledge products will flock to it,and it will definitely innovate the interest relationship.In order to avoid unreliability,it is necessary to confirm the exclusive rights of artificial intelligence generated content,establish a special protection system under the intellectual property law system,and set up rights,ownership and responsibilities to protect the potential economic and cultural value of artificial intelligence generated content.Simultaneously,in order to fully implement the regulations,supporting measures should be perfected,and long-term operation mechanisms such as administrative supervision should be stipulated to monitor the publicity and use of artificial intelligence generated content in real time to ensure the transparency and safety of the knowledge environment.PartⅤ:Summarize the central idea of this article,and concise the feasibility and necessity of artificial intelligence generated content being adjusted by law,but its not the product of human thought;since the current system is useless,and related disputes must be resolved through a special system. |
