On the Identification of the Work Nature of Generative Artificial Intelligence Creation

DOI: https://doi.org/10.62517/jike.202304110

Author(s)

Jiacheng Jiang*

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author

Abstract

In the new scientific and technological revolution caused by the cognitive paradigm of law and the development of disciplinary update is on the rise, the "generative artificial intelligence" chat machine represented by ChatGPT, Wenxin Yiyi, etc., came into being. Based on the characteristics of "generative artificial intelligence", it is very likely to trigger new thinking about the right attribute and attribution of "Works of art" in the field of copyright." Generative AI" chat machine is a natural language processing tool developed based on deep neural network architecture, which is essentially a neural network machine learning language model. This paper analyzes the development of copyright law by literature analysis and historical analysis, and the origin of the concept of "work".Under the idea of distinction, the identification of works should be discussed separately from the ownership of rights. According to the standards of the Copyright Law for the identification of works, when the content generated by "generative artificial intelligence" meets the basic requirements of "thought - expression + originality + intellectual achievement" and meets the field limitation of "literature, art and science", it should be included in the scope of work protection.

Keywords

Strong Artificial Intelligence; A Work Of Art; the Author; Attribution Of Rights

References

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