人工智能自主生成成果“作品观”质疑与反思

Questioning and Rethinking on "Works View" of the Production Generated Autonomously by Artificial Intelligence

涉及人工智能自主生成成果的权属问题,现有的"作品观"只是源自一种片面的利益诉求,无法协调多元主体的利益分配关系。人工智能程序的著作权与人工智能自主生成成果的利益之间不具有从属性。从人工智能自主生成成果的内在生成机理来考察,其并不符合对现行著作权法中关于"独创性"和"创作意图"的内涵,贸然将人工智能自主生成成果纳入著作权制度体系,会破坏其内在统一性与合理性。对于对人工智能自主生成成果的保护,应跳出"作品观"的解决思路,在现行民事利益的框架下,基于合同规则对其在市场行为中产生的积极使用收益给予保护,基于责任规则对其利益破坏者主张救济利益而获得事后补偿。

When it comes to the ownership of the production generated autonomously by Artificial Intelligence （AI） , the existing ＂ view of works＂ is only derived from a one -sided interest demand, and plural subject＇s interests may be inconsistent and incompatible. There is no subordination between the copyright of AI programs and the benefits of generated by AI. From the inherent generating mechanism of the production generated autonomously by AI, it does not conform to the connota- tion of ＂ originality＂ and ＂ author＇s intention ＂ in the copyright law. It will destroy the inherent unity and rationality if the production generated autonomously by AI are brought into the ongoing system of copyright. For protecting the production generated autonomously by AI, we should jump out of the ＂ view of work＂. There are two paths to solve the problems under the framework of the existing civil law. On the one hand, , it protects the positive use income in the market behavior based on the contract rules; on the other hand, based on the rule of responsibility, the benefit of its interests is asserted by the ex- post Compensation.