人工智能生成物的可版权性探究及域外经验镜鉴OACHSSCDCSTPCD

At present,the text,pictures and videos created by generative artificial intelligence technology have many disputes on the copyright and copyright ownership.This paper starts with the operation mechanism of the creation of artificial intelligence products,takes the role of artificial intelligence in the creation as the standard,and distinguishes the artificial intelligence products as tools and artificial intelligence products with a certain degree of autonomy.Starting from the basic theory of copyright and drawing on the legislative and judicial practice experience of the United States,the European Union and other foreign countries and regions,the former can directly apply the current copyright law,while the latter does not meet the requirements of originality and creation subject,and does not belong to the"works"protected by copyright law.At the same time,including artificial intelligence products into the scope of copyright law protection is not compatible with China's copyright law system and legislative purposes,and will even cause a blow to the creative enthusiasm of natural persons.Finally,the perspective is expanded from intellectual property law to social impact,and copyright protection of artificial intelligence products may produce a series of adverse consequences in terms of training data infringement,unclear ownership and lowering the threshold of information cyber crime,etc.Consequently,it is suggested to take other paths for copyright protection.