Copyright Protection Escorts the Development of Artificial Intelligence
The New Generation of Artificial Intelligence Development Plan issued by the State Council clearly points out that artificial intelligence is a strategic technology leading the future and it has become a new engine of economic development and a new focus of international competition. Intellectual property protection in the field of artificial intelligence should be strengthened to promote the industrialization of innovative achievements of artificial intelligence and better respond to challenges that artificial intelligence’s development may bring about. Moreover, we need to initially establish AI laws and regulations, ethical norms and policy system by 2025.
New technologies, new products and new industries promoted by artificial intelligence have promoted the overall upgrading of cultural industry. A large number of press releases, music and art works are produced by AI. There are more and more creations of artificial intelligence. If they are not protected, many social and legal problems will arise. There may be plagiarism between AI, or human plagiarism of AI. If the law is not regulated, it will hinder the development of artificial intelligence industry, and it will not be conducive to the development of cultural industry and virtuous circle. The community has reached a consensus that artificial intelligence creations must be protected.
At present, there are still some disputes in theory and practice about how to protect AI creations. Under the existing framework of copyright law, it is impossible to protect AI creations effectively, because it cannot be recognized as works in the sense of copyright law. Copyright law is a protection object centered on human intelligence. Although AI has been used as a tool to assist human creation, it has now begun to create independently. Many AI creations can no longer be distinguished from human creations in appearance. They undoubtedly belong to the "original" expression in the field of literature, art or science, and can be reproduced. However, the subject qualification of AI is still the biggest obstacle for AI to be protected by copyright law.
Therefore, it is imperative to reach a consensus on whether artificial intelligence creations can constitute art works. On this basis, using the precious opportunity of the revision of Copyright Law, we can regulate the copyright protection of AI creations through the revision or expansion of relevant provisions, and protect the development of AI industry.
July 30, 2019
Source: Guangming Online
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