人工智能诗集的版权归属研究

Research on Ownership of Copyright of Poetry Created by Artifi cial Intelligence

古诗词是浓缩的文化,是中华民族文化传承的纽带和桥梁,源远流长的古代诗词深植人心,现代诗人追随前人的足迹,也创造了脍炙人口的绝妙佳句,增添了现代文明的光彩。根据传统的版权归属原则,谁创作了诗集谁就是作者,诗集的作者原则上是诗集的著作权人,当然享有诗集的完整的著作权。随着互联网科技发展,人工智能成为生活的常态,人工智能智力成果频现,当"小冰诗集"的出现,传统的诗集著作权归属原则被打破,"小冰"被称为"少女诗人",但是,事实上"小冰"是微软公司新开发的一款机器人,当人们在欣赏美妙佳句的时候,发现"小冰不是活生生的人",人们开始反思,机器人创作的智力成果与自然人所创作的作品性质是否相同?如果承认人工智能作品的著作权法地位,人工智能作品的作者是谁?人工智能作品的著作权又归属谁?这些问题,对传统《著作权法》理论提出了挑战,我们第一要承认"人工智能诗集"的作品地位,第二我们要通过"法律拟制"确立"人工智能诗集"的"法律作者"的地位,第三我们要以"视为作者原则"安排"人工智能诗集"的著作权归属。

Ancient poetry is concentration for culture,and is the link with Chinese national culture.The ancient poetry has the long history and is deeply rooted in our souls.Modern poets follow their predecessors,and have created much wonderfully beautiful poetry in which some elements of modern civilization are added.According to traditional principle of ownership of copyright,the author is the person who creates the poetry,then,in principle,the author of poetry is its owner of copyright who enjoys complete copyright for the work.With development of Int ernet technology,artificial intelligence(hereinafter referred to as AI)becomes more and more popular,and its intellectual achievement appears frequently.When the poetry begins to be created by Xiaobing,the traditional principle of ownership of copyright is broken.Xiaobing is called as a poet as teenage girl,in fact,Xiaobing is a newly robot from Microsoft Corporation.When people appreciate the wonderful words written by Xiaobing,they are amazing that“Xiaobing is not a person”,then they beg in to reflect whether there are some dif ferences between intelligence achievement which is created by robot and by people.If we recognizethe status as works created by AI in copyright law,who is its author?Who does its copyright belong to?These problems are challenging the traditional theory of copyright law.Therefore,first of all,we should recognize the status of poetry created by AI as work.Then,we should recognize the author of“AI Poetry”as“Legal Author”by the theory of“Legal Fictio n”.Finally,we shall establish the principle of ownership of copyright for AI poetry through the theory of“be regarded as the author”.