Research on the Rationality of Creative Behavior Rules in the Field of Artificial Intelligence in Copyright Law

  • Zheng Gong Chongqing Normal University(CQNU)
Ariticle ID: 1954
90 Views, 1 PDF Downloads
Keywords: Artificial intelligence, artificial intelligence creations, copyright, neighboring rights, ownership of rights.

Abstract

As one of the three cutting-edge technologies of the 21st century, “artificial intelligence”, its high-speed development trend has further revealed the fact that today’s law in our country has a relatively serious lag【1】, and the research needs to have a certain forward-looking requirement. The artificial intelligence products discussed in this article are named using the “artificial intelligence creations” 【2】proposed by scholar Yi Jiming, combined with relevant domestic and foreign cases, discuss the copyrightability of artificial intelligence creations from the perspective of originality and intellectual achievement, and further clarify The subject of its rights and the ownership of rights, exploring the balance between technological development, maintaining legal order, and promoting economic development, Hope to promote the applicability of the creative behavior rules in copyright in the field of artificial intelligence, and provide help for the revision and improvement of laws and regulations in the future.

References

[1] Yin D. Three views on legal lag (in Chinese). Public Administration & Law 1998; (2): 28–30.

[2] Yi J. Are AI creations works (in Chinese)? Science of Law (Northwest University of Political & Law) 2017; 35(5): 137–147.

[3] Zhang W. Research on the artificial intelligence of judicial adjudication in China [MSc thesis]. Hefei: Anhui University; 2020.

[4] Chen Y. Research on copyright protection of artificial intelligence creations [MSc thesis]. Changchun: Northeast Normal University; 2019.

[5] He P, Jiang Q. Study on the legal nature of “creation” of artificial intelligence. Journal of Chongqing University of Technology (Social Science) 2020; 34(6): 102–110.

[6] Agnihotri A. A critical review of the idea/expression dichotomy in copyright law. Public Affairs and Governance 2013; 1(2).

[7] Liu W. The research on China’s intellectual property border measures—On the background of TRIPS-plus [MSc thesis]. Chengdu: Southwestern University of Finance and Economics; 2019.

[8] Xu M, Tan L. On the protection of artificial intelligence creations through neighboring rights: The theoretical justification and institutional arrangement. Journal of Comparative Law 2018; (6): 42–54.

[9] Wang Z. Research on the protection mode of artificial intelligence generated products neighboring right [MSc thesis]. Guilin: Guangxi Normal University; 2019.

[10] Cao Y. Analysis on the legal subject of intelligent robot (in Chinese) [MSc thesis]. Guangzhou: Guangzhou University; 2019.

[11] Xiao X. International comparative studies on the copyright of AI-generated content [MSc thesis]. Shanghai: East China University of Political Science and Law; 2019.

Published
2021-04-22
Section
Original Research Articles