论人工智能生成的内容在著作权法中的定性
发布时间：2019-01-03 18:24
【摘要】：如果人工智能生成的内容在表现形式上不符合作品的构成要件,如计算机生成的无独创性数据库,当然不能作为作品受到保护。但如果人工智能生成的内容在表现形式与人类创作的作品类似,如机器人绘制的图画、写出的新闻报道或谱出的乐曲,则需要从其产生过程判断其是否构成作品。迄今为止这些内容都是应用算法、规则和模板的结果,不能体现创作者独特的个性,并不能被认定为作品。在不披露相关内容由人工智能生成时,该内容可能因具备作品的表现形式而实际受到了保护,但该现象是举证规则造成的,并不意味着著作权法因人工智能而改变。
[Abstract]:If the content generated by artificial intelligence does not meet the requirements of the composition of the work, such as the non-original database generated by computer, of course, it cannot be protected as a work. But if the content generated by artificial intelligence is similar to the work created by human beings, such as the drawing made by robot, the news report or the music written by the robot, it is necessary to judge whether the work is composed of it or not from the process of its production. So far, these contents are the result of applied algorithms, rules and templates, which can not reflect the unique personality of the creators and cannot be regarded as works. In the absence of disclosure that the relevant content is generated by artificial intelligence, the content may actually be protected by having the form of expression of the work, but the phenomenon is caused by the rule of proof and does not mean that the copyright law is changed by artificial intelligence.
【作者单位】： 华东政法大学知识产权学院;
【基金】：国家社会科学基金重大项目(14ZDC020)“互联网领域知识产权重大立法问题研究”
【分类号】：D913
，
本文编号：2399730
[Abstract]:If the content generated by artificial intelligence does not meet the requirements of the composition of the work, such as the non-original database generated by computer, of course, it cannot be protected as a work. But if the content generated by artificial intelligence is similar to the work created by human beings, such as the drawing made by robot, the news report or the music written by the robot, it is necessary to judge whether the work is composed of it or not from the process of its production. So far, these contents are the result of applied algorithms, rules and templates, which can not reflect the unique personality of the creators and cannot be regarded as works. In the absence of disclosure that the relevant content is generated by artificial intelligence, the content may actually be protected by having the form of expression of the work, but the phenomenon is caused by the rule of proof and does not mean that the copyright law is changed by artificial intelligence.
【作者单位】： 华东政法大学知识产权学院;
【基金】：国家社会科学基金重大项目(14ZDC020)“互联网领域知识产权重大立法问题研究”
【分类号】：D913
，
本文编号：2399730
本文链接：https://www.wllwen.com/falvlunwen/minfalunwen/2399730.html
