| At present,the pace of development of science and technology continues to move forward,and artificial intelligence has begun to appear in many creative activities,such as the creation of music,pictures,and poetry.Chat GPT,a general-purpose chatbot developed by artificial intelligence lab Open AI,launched on November 30,2022,is based on relevant language models and trained to respond in detail to instructions given by users and answer follow-up questions.From the technical principle point of view,AI technology products are not a patchwork of existing materials,but similar to the "re-creation" of human beings after long-term training,which has its own characteristics,and the legal characterization and attribution of artificial intelligence products caused by this have not yet formed a unified understanding in the academic community,and the Copyright Law has not given a clear response.Within the scope of the copyright legal system,China should pay attention to it.If reasonable adjustments cannot be made to the legal rules for the copyright protection of artificial intelligence products,will affect the development of science and technology.Based on the copyright protection of artificial intelligence generated objects,combined with typical cases,this paper observes the current situation of legal research on copyright of artificial intelligence generated objects,takes the legal nature of artificial intelligence products as an abuse,confirms the attributes of their works,and combines relevant legal experience outside the territory to provide perfect suggestions for solving the problem of copyright protection of artificial intelligence products in China.Specifically,the following four parts are discussed,one is to define artificial intelligence and artificial intelligence products,explain their concepts,characteristics,types and legal attribute disputes,etc.,and find that at present,there are no clear provisions on the research of copyright in this field in China,and there are problems such as unclear legal nature of artificial intelligence products,unclear concept of marginal extension of work specifications,conflicts of interest of relevant subjects,and unclear copyright ownership.The second is to affirm that artificial intelligence products are objectively original,in line with the protected objects of the Copyright Law,and confirm their "work" attributes,laying the foundation for subsequent research.The third is to summarize the useful parts of the copyright laws and regulations formulated by common law,civil law and the European Union and other countries for artificial intelligence products and the protection status quo given,so as to provide reference for China’s construction of the copyright legal system of artificial intelligence products.The fourth is to put forward suggestions for improving the legal system in China,that is,to create a legal personality for artificial intelligence programs,give artificial intelligence program authorship rights,and at the same time give artificial intelligence program operators copyright property rights.Appropriately grant rights,and open up a good way for China to carry out copyright protection in the field of artificial intelligence products. |
