浅析人工智能生成物著作权保护
Analysis of Copyright Protection of Artificial Intelligence Products

随着大数据时代的到来，科学技术也迎来了质的变化。人工智能也开始涉足科学、艺术领域，但是其生成物权利的归属到目前来看，法律界并没有形成统一的认识。人工智能从本质来说属于法律客体中的物，不具有民事主体资格。并且人工智能生成物可分为第一类生成物和第二类生成物，第一类生成物主要还是依靠人脑进行创作，而第二类人工智能生成物因具有独创性、可复制性等特点，因此可以认定为著作权法中的作品，但是其属于人类的智慧成果，当然不具有著作权法中的主体资格，不能成为作品的作者，此时人工智能生成物著作权归属成为主要难题。著作权法作为激励“人”创作和传播的制度设计，因此其权利的归属智能属于“人”，需要结合动态系统以及特殊规则视野下分析不同场景下人工智能作品的权利归属。
With the advent of the era of big data, science and technology have also ushered in qualitative changes. Artificial intelligence has also begun to dabble in the fields of science and art, but the legal community has not formed a unified understanding of the ownership of the rights of its products to date. In essence, artificial intelligence belongs to the object of law and does not have the qualification of a civil subject. In addition, artificial intelligence products can be divided into the first type of products and the second type of products. The first type of products mainly rely on the human brain to create, while the second type of artificial intelligence products can be identified as works in the copyright law because of their originality, reproducibility and other characteristics, but their intel-lectual achievements belong to human beings, of course, do not have the subject qualification in the copyright law, and can not become the author of the work, at this time, the copyright ownership of artificial intelligence products has become a major problem. As a system designed to encourage the creation and dissemination of “human”, copyright law belongs to “human”. Therefore, it is necessary to analyze the ownership of rights of artificial intelligence works in different scenarios from the perspective of dynamic systems and special rules.