Abstract

Riding on the "east wind" of ChatGPT's explosion, the copyright issues involved in artificial intelligence products have once again become the focus of academic circles. At present, the number of artificial intelligence products is proliferating, and the lack of protection of artificial intelligence products under the copyright law has led to multiple risks such as untrue attribution of artificial intelligence products and irregular regulation of plagiarism of artificial intelligence products. The practical demand for copyright protection of artificial intelligence products needs urgent response from the legal level. As the logical starting point for granting copyright protection to artificial intelligence products, there are two kinds of differences in the determination of the originality of the products, namely the personality binding theory and the objective standard theory. From the perspectives of legislative spirit, copyright development trend and technical feasibility, it is justified, feasible and positively meaningful to adopt the latter to grant copyrightability to artificial intelligence products. Based on the evaluation of the value of the copyrightability of artificial intelligence products, the originality criterion is broken down into two major elements, namely, uniqueness and creativity, to build a factual judgment path for the copyrightability of artificial intelligence products, and then to realize the specific determination of the copyrightability of specific artificial intelligence products. This in turn gives rise to the dispute over the copyright ownership of artificial intelligence products. At this stage, allowing copyright rights and interests to be freely distributed among relevant subjects is an appropriate way to create the best benefits and maintain a balance of interests of all parties.

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