Research On Copyrightability Of Algorithm-generated Contents

In the era of algorithms,the application of machine learning and big data technology in the field of content production has provided society with colorful and incomparable quality products.Algorithm-generated objects appear in front of human beings with their diversified expressions and wildly innovative imaginations.These generated objects not only have high artistic value,but also bring huge economic and social benefits to enterprises and society.However,as an emerging thing,it is difficult to determine the copyrightability under the current legal framework because its generation process is driven by algorithms and data.In this paper,we believe that the core of the determination of copyrightability of algorithmgenerated works is essentially the determination of the originality of the generated works.Since the mechanical nature of intelligent algorithms conflicts with the theory of originality and personality rights,it is difficult to apply the traditional criteria of originality to this special object.Therefore,this paper believes that on the premise that the artificial intelligence of the algorithm does not have the qualification of legal subject,the binary creative subject structure of "artificial intelligence-human author" is constructed as the author of the algorithm-generated object,and the "subject-object separation evaluation standard" is adopted for the determination of originality."Even if the AI of the algorithm is not recognized as having the legal subject qualification,it does not prevent the generated products from being recognized as having originality and thus obtaining copyright protection.By collating relevant domestic and foreign legislative provisions and doctrinal theories,this paper believes that the relationship between relevant subjects of interest and generated objects should be comprehensively analyzed,and the rights should be attributed to actual users based on the legislative purpose of copyright law.In addition,the protection mode should be chosen in a way that is different from that of human works,and a special copyright registration system should be set up for algorithmic creations,indicating their origin and shortening their protection period,so as to encourage the creation and dissemination of algorithmic creations.