论人工智能生成物在著作权法上的定性和权利归属
On the Qualitative Analysis of Artificial Intelligence Generations in Copyright Law and Ownership of Rights

人工智能生成物的法律保护有其必要性和迫切性，而要将人工智能生成物纳入著作权法的保护范围内，对其性质的认定成为问题讨论的重点。根据著作权法及相关法律规定的作品认定标准，结合人工智能的特性，为避免陷入法律逻辑循环中，应暂不考虑主体因素，并将独创性和智力成果作为判断其作品属性的核心。在此基础上，益从最低限度的独创性判断标准出发，认定人工智能生成物具有独创性，再延续此标准，将其纳入智力成果范围认定其为作品。同时，对人工智能生成作品的权利归属问题，应在法定投资者为权利主体的基础上给予投资者和使用者一定空间，对权利归属进行约定，其后增设邻接权对权利人的权利进行保护和限制，平衡各方合法权益。
The legal protection of artificial intelligence products has its necessity and urgency, and to include artificial intelligence products within the scope of copyright law protection, the identification of their nature has become a focus of discussion. According to the standards for identifying works stipulated in the Copyright Law and relevant laws, combined with the characteristics of artificial intelligence, in order to avoid falling into a legal logical cycle, the main factors should be temporarily disregarded, and originality and intellectual achievements should be taken as the core to determine the attributes of their works. On this basis, starting from the minimum standard of originality judgment, it is beneficial to recognize that artificial intelligence products have originality, and then continue this standard to include them in the scope of intellectual achievements and recognize them as works. At the same time, on the issue of the right ownership of AI generated works, investors and users should be given a certain space on the basis of legal investors as the subject of rights to agree on the right ownership, and then related rights should be added to protect and limit the rights of obligees and balance the legitimate rights and interests of all parties.