人工智能生成物著作权保护的理论基础及实现路径

Theoretical Basis and Realization Path of Copyright Protection of Artificial Intelligence Generated Objects

判断人工智能生成物能否受到著作权法的保护,关键在于对人工智能主体资格及其生成物独创性的判定。现有理论与实务观点对人工智能的主体资格及其独创性认定存在认识分歧,前者分为人工智能“客体论”和“主体资格论”两种观点,后者分为人工智能生成物“作者中心主义”和“作品中心主义”不同学说。基于促进人工智能发展的目的,应当转变现有人工智能生成物独创性认定思路,将人工智能作为创作主体予以保护,其独创性的认定亦应基于客观角度,以对作品具有实质贡献原则为判断标准。在此前提下,设立人工智能生成物备案制度和人工智能生成物标注制度,满足人工智能生成物法律认定及其保护的现实需求。

The key to determining whether AI-generated works can be protected by copyright law lies in the determination of the subjective qualification of AI and the originality of its generated works.Existing theoretical and practical views on the subject qualification and originality of AI are divided into two views:the former is divided into two views:"object theory"and"subject qualification theory"of AI,and the latter is divided into two views:"author-centrism"and"work-centrism"of AI generated works,and the later is divided into"author-centrism"and"work-centrism"of AI generated works.The former is divided into two views of"author-centrism"and"subject eligibility theory",and the latter is divided into different doctrines of"authorcentrism"and"work-centrism",Based on the purpose of promoting the development of artificial intelligence,it should change the idea of determining the originality of the existing artificial intelligence,and protect the artificial intelligence as a creative subject,and the determination of its originality should be based on the objective point of view,and the principle of substantial contribution to the work should be the judgment standard.On this premise,the establishment of a filing system and a labeling system for AI generated works will realize the practical needs of legal recognition and protection of AI generated works.