Research On Criminal Regulation System Of Artificial Intelligence Infringing Copyright

The rapid development of artificial intelligence technology has had an impact on the copyright system and the determination of copyright infringement crimes.There have been two cases of disputes concerning artificial intelligence products.The Shenzhen Nanshan People’s Court and the Beijing Internet Court have given different responses.At the level of criminal justice,when civil law is not sufficient to deter illegal acts in the field of copyright,it is necessary to punish serious infringing acts and warn against potentially similar acts through criminal law.The copyright criminal law in the context of artificial intelligence should address two issues in the subject: one is how to protect artificial intelligence creations from infringement by others,and the second is how to deal with artificial intelligence infringement of others’ copyrights.Artificial intelligence products should become works in the sense of copyright law in form and in substance and need to be protected.Due to the current restrictions on the field of artificial intelligence technology,the degree of intelligence is still essentially different from that of human beings.They are anxious to determine that they have a criminal subject status that is too advanced,it is easy to move the whole body,and uphold the legislative concept of looking forward and realistic.Actively and properly responding to the plight of copyright criminal law protection in the era of artificial intelligence,and taking the impact of future artificial intelligence technology on copyright infringement crimes as an important issue in the development of criminal law technology is the current attitude.The paper is divided into six parts,which are used to analyze artificial intelligence creation from two perspectives of criminals.The first part leads to the writing background of the article and the development of artificial intelligence,as well as the impact and thinking on the creation of traditional copyright in the civil and criminal fields,and then points out the necessity and importance of its research.The main body of this article is divided into five parts,a total of 27,500 words.and the criminal law response to copyright infringement under artificial intelligence should be demonstrated using two perspectives of criminals.The first part draws on the writing background of the article and the development of artificial intelligence,shows two cases of disputes in violation of artificial intelligenceDreamwriter and Waco’s pre-generated works,and reviews(2018)Beijing 0491 Minchu No.239 Civil Judgment.Artificial intelligence has an impact on the structure of copyright infringement.The criminal punishment for copyright crimes prohibited by the criminal law carried out by the perpetrator is reasonable,and it also meets the legislative purpose of copyright crimes stipulated in the criminal law.The second part discusses the legal basis of copyright protection in the context of artificial intelligence.Identify artificial intelligence products from two aspects of intellectual achievement and originality,and conclude that artificial intelligence products are works in the sense of copyright law and should be protected.Discuss the legal subject status of artificial intelligence.Although artificial intelligence enjoys intelligence comparable to humans due to highly advanced algorithms,currently the artificial intelligence body does not yet possess the subject qualification.Constructing a general framework of criminal law to deal with copyright infringement in the context of artificial intelligence requires a more rational discussion in a context more appropriate to the era of artificial intelligence in writing.The third part is to discuss the situation of artificial intelligence infringing the copyrights of others.Because it is currently deemed inappropriate for artificial intelligence to have a criminal subject status,it clarifies that artificial intelligence does not have a criminal subject status when infringing on the copyrights of others,and it cannot be overly advanced legislation.Criminal responsibility should be borne by human beings.And use this as a breakthrough to curb criminal risk through criminal liability and provide a new path for the regulation of copyright infringement crimes: stipulate the negligence responsibility and supervision obligations of developers and users,and refer to the "Criminal Law Amendment(9)" Use the terms of cybercrime for reference.The fourth part is the specific response to the criminal law of infringing on artificial intelligence works.First of all,the property and right attribution of artificial intelligence products are clarified in the pre-law,that is,the copyright law,to solve the obstacles of criminal law protection,and then focus on the argument that artificial intelligence works should become the object of copyright infringement crime.