关键词: 人工智能生成物, 独创性, 作品, 人的主体性, 以人为本

Abstract:

There are different understandings about the status and role of human beings in the copyrightability determination of artificial intelligence products. Human subjectivity is an essential element for artificial intelligence products to constitute works. Creative intention, thoughts and emotions are important symbols of human subjectivity. While artificial intelligence does not have creative intention, human beings can embody creative intention in the products of artificial intelligence. Human emotions are difficult to be imitated and expressed by artificial intelligence. The creative contribution of human beings in using artificial intelligence technology should be used as the basis for judging the originality of artificial intelligence products. The artificial intelligence products constituting works should have the function of “dialogue”. In order to prevent the deconstruction of work structure, avoid the lack of “dialogue” function of works and prevent the incentive dislocation of copyright law, the “externalism” approach of originality judgment of artificial intelligence products should be abandoned. We should explore humanistic protection strategy of artificial intelligence products, adhere to the basic position that the originality of artificial intelligence products comes from “direct users”, avoid the confusion of audience about artificial intelligence products and ordinary human works, and realize the protection of artificial intelligence products on the premise of maintaining the value goal of copyright.

Key words: artificial intelligence products, originality, works, human subjectivity, humanistic