In recent years,with the rapid development of artificial intelligence technology,it has gradually entered the category of literary and artistic creation.Compared with traditional literary and artistic works,its appearance is a huge poser for copyright law.The problem of copyright of AI products has exerted great influence on Chinese copyright law system and generated great disputes in theory and practice,which should be solved urgently.This paper takes the first infringement case of artificial intelligence products in China as the research background,uses case analysis,value analysis,literature research and other methods to study the work attributes and rights ownership of artificial intelligence products.The first chapter makes a brief introduction to typical cases,and summarizes the focus of the dispute between the two sides of the case,that is,whether the analysis report generated by artificial intelligence can be identified as a work,whose rights belong to.The second chapter analyzes the properties of artificial intelligence products.The prerequisite for discussing the copyright ownership of artificial intelligence products is whether it can be counted as a work.This chapter analyzes the originality,expressibility and intellectual achievements of artificial intelligence products from the perspective of composing elements of works in copyright law.It puts forward that the objective criteria should be adopted to judge originality.From the internal operating mechanism and external performance of artificial intelligence products,artificial intelligence products belong to intelligence achievements.Compared with ordinary products,AI products have certain differences,but it can also be transmitted and displayed on certain media,and can be shown.So,in copyright law,an AI product is a work.The third chapter mainly discusses the ownership of rights of artificial intelligence products.It is suggested that AI be given the right to sign,and that users and investors be given other rights.As for the attribution of rights of artificial intelligence products in our country,this paper puts forward a rights attribution scheme with the users as the core,investors as the supplement and fully respects the parties concerned meaning autonomy.Through the discussion of the attribution of his works and the attribution of rights,it can provide a new way of thinking for the theoretical and practical circles,further promote the relevant research,so as to solve the disputes and achieve the purpose of settling disputes.At the same time,it will help improve the copyright law system to adapt to the development of the new situation,promote cultural progress and the prosperity of the AI industry. |