| With the rapid development of artificial intelligence technology,its scientific and technological products are increasingly close to life.The influence of artificial intelligence is not only reflected in life,but also reflected in law.China’s Copyright Law of 2020 of artificial intelligence products legal position is not clear,artificial intelligence products in different countries of copyright also exist different opinions,the difficulties in the judicial practice applicable,Therefore,it is of great significance to clarify the copyrightability and ownership of artificial intelligence products for China’s judicial practice.With the verdict of the case of artificial intelligence Dreamwriter,this issue has been hotly discussed by scholars again.The original defendant has disputes over the Copyrights and ownership of artificial intelligence products.Through the interpretation of Copyright Laws of various countries and the anatomy of the focus of disputes between the two sides,combined with the national conditions of China,this paper holds that weak artificial intelligence similar to Dreamwriter needs too much human intervention and help to be completed when it is used.When judicial recognition meets the objective recognition standard of works,It should be recognized that it reflects human intelligence and the unique expression of artificial intelligence users,and is copyrightable.The users are the copyright owners of the products,and they should be encouraged to use artificial intelligence to generate more high-quality literary works.But if the products meet the work properties,users of the artificial intelligence in violation of the principle of good faith,declared himself was not involved in the creation of the artificial intelligence products,should respect its true meaning,said products production process does not reflect the expression of human wisdom and unique human,not under the Copyright Law.If the copyright is still granted to the user,the trust interests of the third party will be damaged.Therefore,the principle of donation in the Patent Law and relevant provisions should be referred to in judicial practice.If the work is in the public domain,others can use the work to create without being considered as infringement.However,strong artificial intelligence that does not need human intervention and help is based on the core view that only human beings possess wisdom in the narrow sense of Copyright,so it should not be regarded as possessing the property of works,but should be protected by establishing new adjacent rights to meet the needs of the development of artificial intelligence. |
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