| With the rapid development of artificial intelligence technology,artificial intelligence has been widely used in our daily life.In 2017,China also proposed the "New Generation of Artificial Intelligence Development Plan" to develop artificial intelligence technology.Artificial intelligence can be divided into weak artificial intelligence and strong artificial intelligence according to its possible level of "intelligence" and its subjective similarity to human beings.The discussion on the legal relationship and legal status of artificial intelligence is mostly based on weak artificial intelligence.The learning mode of weak artificial intelligence can be divided into supervised learning and unsupervised learning.Among them,the weak artificial intelligence which has been applied to life in reality is most widely used in literary creation,music editing and image processing.In fact,the music,art,literature and other works produced by unsupervised learning AI are already indistinguishable in appearance from those created by humans.For example,some readers have a certain emotional resonance when they read the works done by Microsoft Xiaoice.From the perspective of objective appearance,this means that the "intellectual achievements" accomplished by artificial intelligence are not significantly different from those created by human beings in terms of specific content,form of expression,social effect and economic value.Therefore,the nature and ownership of rights created by artificial intelligence should be correctly responded to the facts in theory.Theoretically,the artificial intelligence works have the appearance that can be protected by copyright,and the artificial intelligence works are copyrightable.If we deny the artificiality and Copyrights of artificial intelligence works,a large number of orphan works will appear in the society,and at the same time,human creation will be suppressed,and the development of artificial intelligence technology will be hindered.Artificial intelligence works are objectively original and difficult to be effectively distinguished by readers,which is in line with the protected objects of copyright law.At the same time,in some other countries with open copyright,it is gradually possible for artificial intelligence to become the copyright subject.The copyright law of our country also admits that the artificial personality of legal person can enjoy corresponding copyright.The system of legal personality fictions provides a theoretical basis for the artificial intelligence program to enjoy the authorship and certain subject right status in the law of copyright.At the same time,in fact,the direct creation of unsupervised learning AI is not the work produced by the user’s domination of the AI program.In certain situations,it may even be that humans are actually aiding the creation of AI.To sum up,the creation of artificial intelligence programs can be classified,and rights such as subject status and personality right of works in the sense of copyright law can be given appropriately.The rights of artificial intelligence can be distinguished from the perspective of copyright when artificial intelligence does not have the status of full civil subject.As far as artificial intelligence copyright is concerned,supervised learning artificial intelligence can help human to complete works,but its role is still the function of "mechanical automation" era and the function of assisting human to create.On the other hand,a non-supervised learning AI can learn spontaneously from a database given to it by human beings,and create accordingly autonomously.Humans can only help with database selection and provisioning in this process.At the same time,the final style,style and specific content are the completion of the artificial intelligence program.Therefore,for unsupervised learning AI,a right ownership system that separates the right of authorship from the right of property under the "as author" system in the rules of job creation can be adopted after the artificial intelligence legal personality is fictionalized.Unsupervised learning AI uses the database provided by the AI user to complete the work in the process of creating the work,which is similar to job creation.Thus,the artificial intelligence user can be granted the property right of the work,and the artificial intelligence program can enjoy the corresponding personal right of the work.At the same time,the tort liability that may arise in the process of artificial intelligence creation is classified and discussed.Finally,the process of selecting a database in the scope of AI learning is not considered to infringe on the work to be studied,but should be fair use or legal license. |
