Discussion On The Legal Nature And Rights Of Artificial Intelligence Products From The Case Of Beijing Filin

In recent years,with the dual impetus of government guidance and private technical capital,the development of artificial intelligence industry in China has been accelerated,the application of artificial intelligence has been more and more extensive,and the related disputes have also begun to appear in large numbers.In the Beijing Filin case,which took place in 2019,"whether the artificial intelligence products have copyright" became one of the controversial points of the case for the first time,indicating that the copyright dispute over the artificial intelligence products is beginning to enter the judicial practice,at the same time,it exposes the dilemma that the existing laws in our country can not determine whether the products of artificial intelligence are works or not,and can not make clear which subjects enjoy the relevant rights,it highlights the necessity of revising and formulating laws and regulations related to artificial intelligence in China.Under this background,the author conceives the topic of "discussing the legal attribute and the right ownership of the artificial intelligence product from the Beijing Filin case".First of all,through the deconstruction of the Beijing Filin case,it is revealed that the existing law of our country can not solve the dispute of the artificial intelligence product,the high value and vulnerability of artificial intelligence products show that "law is the proper basis for dispute settlement." This paper demonstrates gradually that "legal attribute is the primary element of dispute settlement" and "right attribution is the essential element of dispute settlement",and advances the view that "revealing legal attribute and right attribution is the key to solving problems".Secondly,the basis of judging legal attributes and the characteristics of artificial intelligence products are discussed,"The artificial intelligence product is the information produced by the use of computer programs through the input of materials and the control of output.It is demonstrated that it is the product of weak artificial intelligence,human will,autonomy and human intervention." And paved the way with it,from the irrationality of non-works","the legitimacy of works" and "the benefits of Works",it is concluded that the artificial intelligence product is not suitable to enter the public sphere,not to belong to the fruits,not suitable to be protected by neighboring right and anti-Unfair competition law,it is the view that the legal nature of the work should be protected by the Copyright Law of South Korea.Thirdly,on the one hand,the author discusses the Judgment Standard of the right subject,and makes it clear that the right subject of the copyright of the artificial intelligence product must contribute to the "work" of the product and satisfy the requirements of the law and industrial policy.On this basis,the AI designers,manufacturers,trainers,users,investors,managers and other subjects are measured.Finally,it is concluded that the AI trainers and users who contribute to the originality of the AI products and do not have the problem of "double rewards" are the copyright holders of the AI products.On the other hand,from the "agreement" and "fact" of the product of the co-creation,we get the view that "the artificial intelligence product is a co-work between the trainer and the user",this paper deduces the conclusion that the copyright of the artificial intelligence product is shared by the trainer and the user.Finally,in light of the above conclusions,it also proposes to adopt the mode of "Copyright Law of South Korea+" in legislation,revise "Copyright Law of South Korea",formulate "regulations on the protection of artificial intelligence products",train professional judicial and law enforcement personnel,and pay attention to international cooperation,so as to solve the problem that "the existing laws in our country can not solve the dispute of the artificial intelligence product",and make the rights and interests of the relevant subjects of the artificial intelligence product can be fully protected,and the personal interests and the public interests can be kept in balance,the ultimate achievement of increased social well-being.