Artificial intelligence,also known as machine intelligence,is a branch of computer science.It is generally considered that artificial intelligence is the science of realizing intelligent simulation through computer programs.If we can protect the copyright law related to artificial intelligence creations and clarify the ownership of the rights of artificial intelligence creations,it will help to promote the dissemination of artificial intelligence creations and maintain a good socialist market economic order to a certain extent.Therefore,it is particularly important to solve the ownership of artificial intelligence creations.The problem of this model is that the machine does not have the qualification of civil subject under the current legal framework.At the same time,there is a big debate about whether the content of machine creation constitutes a work;The second part discusses the problems existing in the user mode of attributing the rights of artificial intelligence creations to machines.The problem existing in this mode is that the courts in different regions have different judicial views when determining whether artificial intelligence creations belong to works in China’s judicial practice.At the same time,there may be many users in this mode,and the users may be employed,who are only performing their corresponding work obligations,Attributing rights to users may be unfair to employers,and it is difficult to determine the specific subject of responsibility in the subsequent legal liability;The third part discusses the problems existing in the model of attributing the rights of artificial intelligence creations to developers.The problem existing in this model is that developers have enjoyed the corresponding intellectual property rights for the machines they developed,and the reattribution of the rights of the contents of machine re creation to the developers is equivalent to obtaining dual rights,which is not conducive to stimulating the investment enthusiasm of investors;The single existence of directly attributing the rights to the owner may ignore the principle of will autonomy under the market economy.The final conclusion is that,based on the principle of autonomy of will,the parties are allowed to agree on the ownership of rights.If the parties do not agree,it is more appropriate to attribute the relevant copyright of AI creations to the owner of AI machines. |