| As a high-tech technology that has attracted much attention in recent years,the birth of artificial intelligence provides unlimited possibilities for the future trend of human society,such as unmanned driving,robot express door-to-door,AI student "Hua Zhibing",AI writer and other creations from scratch.Among them,the most widely used and controversial item is artificial intelligence products.Firstly,based on the improvement of computer computing power,the cycle of artificial intelligence generating words,music and images is becoming shorter and shorter,and the number of artificial intelligence products is large and the audience is broad;Secondly,because the legislation on artificial intelligence in China’s legal system has been blank for a long time,the protection mode for artificial intelligence products under the traditional copyright law system is relatively vague,and the infringement of their copyright rights and interests occurs from time to time,For example,the "Fei Lin v.Baidu company case" in 2018 and the "Tencent Dreamwriter case" in 2019 focus on the copyright protection of artificial intelligence products.This paper consists of four parts.Part Ⅰ:Sort out the historical changes and current situation of artificial intelligence,and clarify its basic definition.Considering the calculation ability,intelligence degree and design purpose of artificial intelligence,artificial intelligence is divided into three categories.Then clarify the characteristics of artificial intelligence products,and divide artificial intelligence products into three categories based on the classification of artificial intelligence systems.Part Ⅱ:By interpreting the representative "Film case" and "Dreamwriter case",we find out four issues that are crucial to the protection of artificial intelligence products:(1)Does the artificial intelligence product have enough value and significance to make it necessary for copyright law protection?(2)Under the framework of China’s existing copyright law,do the requirements of copyright of artificial intelligence products meet one by one?(3)In order to avoid artificial intelligence products from forming "orphan works" due to the lack of copyright subjects and weakening the protection of their rights,how to distribute and belong the copyright is the most beneficial?(4)According to the characteristics of artificial intelligence products,what mode and system are adopted in the copyright law to protect them?Part Ⅲ:Analyze the copyrightability of artificial intelligence products from the ownership of subject,object and rights,and then demonstrates the copyrightability of different types of artificial intelligence products independently.It is concluded that the three kinds of artificial intelligence products meet the identification requirements of "works" in the copyright law.Part Ⅳ:According to the characteristics of artificial intelligence products,this paper denies the adjacent right protection mode proposed by some scholars,puts forward the view that the special copyright protection mode is more compatible with artificial intelligence products,and makes suggestions on specific system planning. |
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