人工智能创作物的著作权归属:投资者对创作者的超越

On the Copyright Ownership of Artificial Intelligence Creations: Investors’ Transcendence of Creators

人工智能进行创作已成为现实,目前学界普遍认可智能创作物的可版权性,只是在著作权归属原则上有较大分歧。创作原则基于其深厚的自然法根基而成为传统著作权归属认定的固有原则,但人工智能不是自然法思想下的“人”,不具备完全的权利能力,智能创作物适用创作原则认定著作权归属显然存在法理悖论。投资原则在智能创作物领域突破传统创作原则的桎梏而成为著作权归属的另一个原则,已然是一种不可逆转的趋势,应构建一套以人工智能投资者(一般为所有者)为著作权人,同时辅之以意思自治原则的智能创作物归属制度。

The creation of artificial intelligence has become a reality.At present,the academic community generally recognizes the copyrightability of intelligent creations,but there are major differences in the principle of copyright ownership.The principle of creation is based on its deep foundation of natural law and becomes the inherent principle of the attribution of traditional copyright.However,artificial intelligence is not a“person”under the natural law,and does not have full rights.There is obviously a legal paradox in determining the ownership of copyright in the application of creation principle to intelligent creations.That the investment principle breaks through the traditional creation principle in the field of intelligent creation has become an irreversible trend.It is necessary to establish a system of ownership of intelligent creations with artificial intelligence investors(generally owners)as copyright owners,supplemented by the principle of autonomy of will.