Copyright Protection Of Artificial Intelligence Generated Works

As the core content of the current technological revolution,artificial intelligence technology is a hot topic in the fields of medical care,education and creation.For half a century,artificial intelligence technology has made rapid progress,and the resulting social changes have also impacted traditional theories and practices in various fields.In the field of creation,the development of the independent creative ability of artificial intelligence makes people realize that the subject of creation is no longer confined to human beings.As human-like intelligence,Artificial intelligence can also create works as an independent subject and it is capable of creating works that are comparable to human works.With the development of artificial intelligence creation abilities and the promotion of artificial intelligence generated works by large internet companies,artificial intelligence generated works have gone public and spread rapidly through internet.At the same time,private copying of artificial intelligence generated works has also caused the public to think about whether artificial intelligence generated works should enjoy copyright protection.The subject and object in traditional copyright protection are often human authors and their works.How to determine the copyrightability of artificial intelligence generated works and owner of the copyright are still not clear in the law.Artificial intelligence generated works has posed a challenge to the traditional copyright protection theory.Based on the concept of artificial intelligence and its generated works,this thesis expounds the importance of copyright protection for artificial intelligence generated works,and analyzes the essential elements of works on copyright law,and thenaffirms that artificial intelligence generated works meet the requirements of copyright law for works.Artificial intelligence generated works belong to works on the copyright law and should be protected by copyright.Then after the evaluation of the existing theory,it can be determined from the perspective of balance of interests and substantial contribution that copyright owner of artificial intelligence generated works should be the owner of artificial intelligence.At the end this thesis introduces the worldwide practice of copyright protection of artificial intelligence generated works and explores the possible ways of the copyright protection of artificial intelligence generated works in China’s current legal system.Besides introduction and conclusion,the main part of this thesis consists of four parts: The first part expounds the concept of artificial intelligence and its generated works.It points out that artificial intelligence generated works have similar external forms to human works,the creation process is based on data analysis and algorithm processing and the creation of those works are quick and efficient.It also shows the extensive creative field and strong creative ability of artificial intelligence by enumerating actual examples of artificial intelligence creation.It finally emphasizes the necessity of copyright protection of artificial intelligence generated works.The second part starts from the analysis of the constituent elements of the works on the copyright law,and analyzes if artificial generated works meet the requirements of intellectual achievements,external forms and originality.It comes to the conclusion that artificial intelligence generated works are intellectual achievements with certain external forms in the field of literature,art or science and have originality.Thus,the artificial intelligence generated works should be protected by copyright.In the third part,through the existing theoretical analysis of the copyright owner of artificial intelligence generated works,it comes to the conclusion that copyright owner of artificial intelligence generated works can only be humans by now.Considering the balance of interests and substantial contributions,the copyright owner of artificial intelligence generated works should be the owner of artificial intelligence.The fourth part explores the corresponding system of copyright protection of artificial intelligence generated works.After analyzing the specific practices of EU,UK,Japan and Germany on the protection of artificial intelligence generated works,it proposes that it is possible in China to achieve the protection of artificial intelligence generatedworks by creating a flexible environment where data can be circulated freely and authorizing artificial intelligence to be copyright subjects and setting application registration system for artificial intelligence generated works.