人工智能创作物雇佣作品保护模式研究

Study on the Protection Model of Works Made for Hire of Artificial Intelligence Creations

人工智能创作物产生新型雇佣关系,采用雇佣作品模式可以合理地解决人工智能创作物可版权性及利益分配机制问题。人工智能创作物雇佣作品保护模式有利于实现对人工智能创作活动的激励,以及明确人工智能创作行为的侵权责任主体。雇佣作品规则为该模式提供了制度基础,可以将人工智能视为"雇员",并对"雇主"范围进行扩张。为此,有必要结合我国《著作权法》第三次修改,对我国职务作品制度进行拓展,将人工智能创作物纳入保护范围,从而对其进行合理保护和有效促进。

A new type of employment relationship is involved in works generated by artificial intelligence(AI). By adopting the model of works made for hire, problems in the copyrightability and interests allocation of AI creations can be solved in a reasonable way.Protecting AI creations under the model of works made for hire can help simulate AI creation activities and define the subject of tort liability in the behavior of AI creation. The rules of works made for hire provide a regime foundation for this model, in which AI can be regarded as "employee" and the scope of "employer" should be broadened. Therefore, it is necessary to expand the work-made-forhire regime in China based on the third time revision of Copyright Law and to bring AI creations into the scope of copyright protection,so as to protect AI creations properly and promote its development.