The Nature and Copyright Ownership of Artificial Intelligence Creations
DOI: https://doi.org/10.62517/jel.202414224
Author(s)
Jialing Shen
Affiliation(s)
China Jiliang University, Hangzhou, Zhejiang Province, China
Abstract
With the vigorous development of artificial intelligence technology in our country, AI-generated works have brought tremendous convenience to our daily work. However, while developing and using AI-generated works, disputes have arisen in the academic and judicial fields regarding whether AI-generated works have copyright and how to legally protect them. Currently, the legal issues related to AI-generated works in our country mainly include the recognition of the work attributes of AI-generated works and the attribution of copyright ownership. In response, the author first analyzes the current status of disputes over the attributes of AI-generated works, then delves into the difficulties in recognizing the work attributes and copyright ownership of AI-generated works, and finally proposes three suggestions for the legal protection of AI-generated works: first, to improve legislation and clearly include AI-generated works within the scope of legal protection; second, to clarify the creativity standards for AI-generated works as soon as possible, determining the creativity of AI-generated works from the perspective of external expression of intellectual achievements; and third, to clarify the copyright ownership of AI-generated works, legally protecting the legitimate rights and interests of the users of AI creation systems.
Keywords
Artificial Intelligence; AI-generated Works; Copyright Protection
References
[1] Wang Qian. On the Qualitative of Content Generated by Artificial Intelligence in Copyright Law. Journal of Law Science (Northwest University of Politics and Law), 2017, 35 (05): 148-155.
[2 Abbott, Ryan. I Think, Therefore I Invent: Creative Computers and the Future of Patent Law. Boston College Law Review, 2016.
[3] Yi Jiming. Is Artificial Intelligence Creation a Work?. Journal of Law Science (Northwest University of Politics and Law), 2017, 35 (05): 137-147.
[4] Xiong Qi. Copyright Identification of Artificial Intelligence Generated Content. Intellectual Property, 2017 (03): 3-8.
[5] Sun Yurong, Liu Baoqi. Exploration of Copyright Issues of Artificial Intelligence Generated Content. Journal of Beijing Union University (Humanities and Social Sciences Edition), 2020, 18 (01): 86-91.
[6] Hou Nanzhu. Analysis of Copyright Law Protection of Artificial Intelligence Creation. Journal of Southern Literature, 2020 (11): 56-59.
[7] Wu Handong. Question of Copyright Law of Artificial Intelligence Generated Works. Chinese and Foreign Law, 2020, 32 (03): 653-673.
[8] Yang Shuxing. Objectivist Standard of Originality Judgment of Works. Electronic Intellectual Property, 2007 (08): 63-64.