| In the stage of human-computer interaction,AI generated contents have difficulties in copyright protection.This dilemma is embodied in the public’s attitude deviation of overestimation and underestimation of the protection status of AI generated contents,and the different judgment results on the copyright infringement disputes of AI generated contents in practice.There are still great theoretical differences in academic circles on whether to recognize the work attributes of artificial intelligence.This thesis summarizes that this realistic dilemma and theoretical conflict come from two problems:the problem of subject-object relationship and the problem of originality.The former should respond to how to solve the deficiency of artificial intelligence subject qualification;The latter should respond to how to solve the originality identification of AI generated contents.Respond to two difficult problems.In view of the difficult problem of the relationship between legal subject and legal object,this thesis advocates setting the evaluation standard of the separation of legal subject and legal object,and referring to the practice of work of hire doctrine proposed by American scholars,the system model of works for duty based on the investment principle.At the same time,the allocation of personal rights and property rights of artificial intelligence copyright is as follows: the property rights of works belong to investors,and the right of signature of works is accompanied by compulsory signing obligations.Aiming at the problem of originality,algorithmic creation shakes the traditional subjective judgment standard centered on the authorcentrism.This thesis advocates adopting the objective judgment standard centered on works and readers,focusing on "readers’ perception of the text".The author’s creative intention and abstract personality are not the absolute elements of the original judgment standard. |
