论人工智能辅助作诗可著作权
On Artificial Intelligence Assisted Poetic Creation

人工智能的迅猛发展正在深刻推动社会进步，其中，人工智能作诗软件的应用尤为引人注目。这类软件能够迅速生成大量诗歌作品，然而，这些由机器生成的诗歌是否享有著作权，却引发了广泛的争议与讨论。从法律角度来看，尽管诗歌是由人工智能软件辅助生成的，但最终的创作过程仍然离不开人类的参与和决策。人类作者在使用软件时，会根据自己的思维、情感和审美进行选择和调整，这些选择与调整体现了人类的智力劳动和创造性。因此，这些诗歌作品具有一定的表现形式，符合文学、艺术或科学领域内的创作要求，具备独创性，符合作品的构成要件。根据著作权法的相关规定，作品必须是由作者独立创作，并体现其个性与独创性。人工智能辅助生成的诗歌，虽然在技术层面上依赖于算法和数据，但其最终形态仍然是由人类作者的智力活动所决定，因此应当被视为著作权法意义上的作品，享有相应的著作权保护。
The rapid development of artificial intelligence is profoundly driving social progress, and the application of artificial poetry software is particularly notable. Such software can quickly produce a large number of poetry works, but whether these machine-generated poems are copyrighted has sparked widespread controversy and discussion. From a legal perspective, although poetry is generated by artificial intelligence software, the ultimate creative process still requires human participation and decision-making. When using software, human authors make choices and adjustments based on their own thinking, emotions and aesthetics, and these choices and adaptations reflect human intellectual labor and creativity. Therefore, these poetry works have a certain form of expression that meets the creative requirements in the field of literature, art or science, is original, and meets the constituent elements of the work. According to the relevant provisions of copyright law, a work must be independently created by the author and reflect his personality and originality. Although AI-assisted poetry relies on algorithms and data at a technical level, its final form is still determined by the intellectual activity of the human author, and therefore should be considered as works within the meaning of copyright law and enjoy corresponding copyright protection. This view not only helps protect the legitimate rights and interests of creators, but also provides a legal basis for the application of artificial intelligence technology in the field of literary creation. With the continuous development of artificial intelligence technology, how to find a balance between technological progress and legal protection will become an important issue that society will continue to explore in the future.