Research On The Legal Protection Of Artificial Intelligence Products From The Perspective Of Neighboring Right

In the current era,artificial intelligence has become an important role,and its application is very extensive.Whether in various fields of production or life,its existence has led to different changes in various fields,but changes have also brought many challenges.In the field of literary creation,artificial intelligence,supported by an artificial neural network deep learning system,can generate expressions that have no difference in appearance from human works.After the emergence of artificial intelligence products,they have been widely used in a relatively short period of time,winning the market and generating considerable economic benefits,which has also led to some disputes centered on "copyright".How to resolve these disputes,whether in theory or in practice,has led to significant discussions and even disputes:whether and how products can be protected within the scope of copyright law,and the copyright legal system is therefore facing challenges posed by technological development.This article believes that artificial intelligence,as one of the technical means,can achieve the analysis and processing of data through the simulation of human thinking patterns.cannot be recognized as a subject due to its lack of rational cognition,self-awareness,and emotional abilities.From a legal perspective,artificial intelligence also does not have the qualification of a civil subject,it does not have free will and will capacity,nor does it have independent property.Secondly,the current stage of artificial intelligence,which is in the "weak artificial intelligence" stage of development,mainly has the attribute of being instrumental.The generation process does not have originality,and the product itself does not meet the requirements of a work specified in narrow copyright,so it cannot be protected as a human work and should not be protected using a narrow copyright model.Broad copyright consists of narrow copyright and neighboring rights,so should the neighboring rights system be considered in the protection of artificial intelligence products? The answer is yes.Although there are still many areas worthy of deliberation and exploration in the neighboring right protection model,compared to other protection models,it is quite reasonable and feasible.This article will analyze the current problems in the protection of artificial intelligence products in China from the perspective of neighboring rights,and propose relevant suggestions for improvement.Overall,this article is divided into four parts.The first part is an overview of the basic theory of adjacency rights protection for artificial intelligence products.Regardless of the current situation and future at this stage belongs to weak artificial intelligence.The product at this stage does not possess originality due to its content,which does not contain thoughts and emotions,and its production process is mechanical imitation.In addition,the distinction between narrow copyright and neighboring rights is made,and the background,criteria,and significance of the distinction are clarified,laying a theoretical foundation for the following discussion.The second part is the analysis and evaluation of the protection of artificial intelligence products at the current stage.Although various protection models have been proposed with their rationality,they are based on different value judgments and make different interest orientation choices.However,the protection of AI products should meet two goals: first,it does not undermine the stability of the existing copyright system,and second,it can promote the formation of the AI product industry chain and promote its industrialization development.Therefore,the current problems in the protection of AI products are specifically manifested as:the existing protection theories and practices have limitations,the way of ownership needs to be improved,the issue of how to balance the interests of all parties after the formation of AI products in the industrial chain is not considered,and the criteria for identifying differences in the objective manifestations of AI products are not uniform.The third part is about the protection of adjacency rights and the generation of material evidence by artificial intelligence.The protection of AI products by neighboring rights is conducive to protecting the rights and interests of relevant entities,encouraging their industrial development,encouraging creativity,and maintaining the stability of the copyright legal system.In addition,the industrialization of artificial intelligence products is possible,and a complete industrial chain will be formed in the future.The focus of neighboring rights protection is consistent with its development trend,which is conducive to the protection of industrial interests.Although neighboring rights do not have a clear concept,they are feasible for the protection of artificial intelligence products due to their open objects,flexible rights content,and flexible rights protection periods.The fourth part,based on the neighboring right system,proposes specific suggestions for improving Considering the development stage and characteristics of AI products,and without impacting the stability of the existing copyright system,on the basis of making full use of the legal person work system,we continue to explore and actively establish the adjacency rights of AI products.In the face of new situations and problems in practice,artificial intelligence products protected by neighboring rights can be distinguished based on two factors: "intelligence level" and "industrialization development trend" of artificial intelligence products.Finally,suggestions for improvement are proposed from the following aspects:object,subject,content,protection period,and right restrictions of the neighboring rights of artificial intelligence products.