著作权领域人工智能“冲击论”质疑

Question on the "Break Theory" of Artificial Intelligence in the Field of Copyright Law

人工智能的迅猛发展极大地改变了科技发展方向,在著作权领域,认为人工智能对立法造成冲击的观点逐渐升温。然而,尽管著作权发展过程中多次受到技术手段的影响而形成新的权利认可,人工智能生成内容只具备作品外观,并不会本质上对著作权规则构成冲击。当前人工智能生成内容不具备构成作品必须的独创性,且人工智能机器不具备类似作者的民事主体资格,无法获得著作权法的激励。人工智能生成内容是一种投资者利益,之所以造成著作权困境仅仅是因为事实认定被其与作品外观相似干扰而导致。因此,著作权领域人工智能"冲击论"缺乏理论依据。

The rapid development of artificial intelligence has greatly changed the direction of science and technology. When it comes to copyright, the view that artificial intelligence must impact the legislation is gradually heating up.However, although copyright law was always affected by the technical changes, even changed the rule of right setting, copyright roles will not in essence apply to artificial intelligence. There is no originality that constitutes a work in cur-rent artificial intelligence generated content, and machine does not own the civil subject qualification of as similar as an author, the copyright law does not stimulate the machine. Artificial intelligence generated content is an investor in-terest, which causes the copyright dilemma only because the fact is determined to it＇s similar appearance of the work. Therefore, the artificial intelligence ＂break theory＂ in the field of copyright law lacks reasonable basis.