人工智能生成物著作权伦理探究

A Discussion on the Copyright Ethics in Relation to Artificial Intelligence Creation

人工智能自动生成作品的能力逐渐增强,对以自然人作为创作者为伦理基础而构建的著作权制度构成挑战,主要表现在人工智能生成物与著作权保护价值的伦理冲突。人工智能生成物与自然人依靠自己的大脑创作的作品在表达形式上并无差异,两者的功能、用途基本一致。基于著作权制度是以自然人为本旨而构建的伦理规则体系,实难接纳人工智能作为作者而给予保护,否则会造成整个制度伦理及功用的倾覆。人工智能生成物本质上属于人类的投资行为,将其归属于以激励投资者为原则的著作权制度,在法律伦理上是十分契合的。而且,从人工智能的产业发展而言,将著作权授予人工智能生成物的投资者更为恰当,这不仅可以保持既有制度伦理基础的稳固,而且可以激励人工智能生成产业的投资。

The ability to generate works by artificial intelligence is increasing,posing challenge to the copyright system constructed on the ethical basis by which natural persons are the creators.The challenge is mainly reflected by the ethical conflict between the artificial intelligence creation and the value of copyright protection.There is not much difference between the expression created respectively by artificial intelligence and the brain of natural person.The function of the expression created by robots and natural person is the same.However,given that the copyright system is a set of ethnical rules constructed on the basis of human labor interests and personality,it is hard to treat artificially intelligence as the author and give it copyright protection,otherwise the whole institutional ethics and relevant function will be totally overturned.The creation produced by artificial intelligence should essentially be treated as human being investment,and therefore should be protected as investment.Therefore,a copyright system based on incentivizing investors is more proper to be used for the protection of artificial intelligence creation.Consequently,it is suggested to grant copyright to the investors of artificial intelligence creation,in order to both maintain the stability of existing copyright system ethical foundation and stimulate the prosperity of artificial intelligence creation investment.