Analysis On The Criminal Law Protection Of Artificial Intelligence Generation Copyright In China

With the rapid development of artificial intelligence(AI)technology and the renewal of creative methods in the cultural field,works generated by AI are thus becoming familiar to us.The increasing number of AI-generated works has led many jurists to explore ways to broaden their protection so that they can be reasonably and effectively protected in all circumstances.In this paper,the shortcomings of the current criminal law in the protection of copyright of AI products are analyzed,and reasonable and perfect suggestions are put forward.This paper is divided into three parts.Firstly,the attributes and definitions of AI products are clarified.Based on the definition and classification of AI products,the convergence department method is used to analyze the copyright and ownership of AI products.Eventually,the assumption that the copyright of AI products belongs to AI users is proposed.Secondly,the changes that have taken place in the context of AI under the main provisions of the crime of infringing copyrights in criminal justice practice(article 217 of the crime of infringing copyrights)are analyzed in order to find out the difficulties and contradictions in the protection of copyright in AI products and to make effective and appropriate recommendations.Finally,the author puts forward that the copyright of AI products should be included in the protection scope of criminal law to protect the copyright of AI products more effectively,but in order to prevent social panic caused by excessive protection,all aspects of protection should be lower than the protection limit of traditional natural person works in criminal law.At the same time,in view of the difficulties in recovering the responsibility for the infringement of AI products by diversified criminal subjects in the era of AI,the idea of establishing the crime of "refusing to fulfill the safety and security obligations of AI" is proposed by the author.When the AI managers fail to fulfill the safety and security obligations or fail to carry out or ineffectively correct the corrective measures ordered by the AI supervisory authorities,the criminal liability of the AI managers should be investigated,so that it cannot only prevent the behavior of the relevant management personnel such as all or R & D personnel who fail to perform their obligations,and distinguish the diversified responsible subjects.