人工智能生成物的著作权保护

论文总字数：20985字

摘 要

本文主旨是探讨人工智能生成物著作权的保护问题。全文从当下人工智能生成物的特点和目前已经出现的侵权事实入手，在不破坏既有权利体系的情况下对著作权法做出了一些微调，旨在通过相对妥协和临时性的权利行使和保障机制，来暂时缓和人工智能生成物涉及著作权权利的相关争议。

全文除结语外共分五章：第一章，列明当下人工智能生成物存在的被侵权的事实，以体现对生成物进行保护的必要性。

第二章，分析人工智能生成物的特殊之处，点明其受到著作权法排斥的原因。

第三章，笔者对“百度案”的判决进行了回应，分析了人工智能生成物获得著作权的合理性，为下文分析权利归属及制度保护奠定理论基础。

第四章，确定人工智能生成物的权利归属人，明晰保护的客体。

第五章，为使人工智能生成物进入著作权法体系，对“实质性相似 接触”标准、归责原则和作品保护期限进行了改进，添加人工智能生成物第三者责任保险、公益性管理组织和基金会等外部救济手段，增设人工智能生成物的权利登记制度。

关键词：人工智能 著作权 侵权保护 制度修正

ABSTRACT

The paper aims to discuss the copyright protection of artificial intelligence products. The paper first summaries the characteristics and infringement facts of the present artificial intelligence products. On the premise of not destroying the existing system of rights, some adjustments have been made to the copyright law, aiming to alleviate the related disputes of artificial intelligence products involving copyright temporarily.

Beside the epilogue, the paper consists of five chapters. The first chapter lists the infringement facts of artificial intelligence products, aiming to reflect the need to protect these products.

The second chapter analyzes the features of artificial intelligence products and points out the reasons why they are rejected by copyright law.

The third chapter fights back against “Baidu” case and analyzes the rationality of obtaining copyright for artificial intelligence products, which lays a theoretical foundation for the following analysis of rights protection.

The fourth chapter determines artificial intelligence products’ attribution.

The fifth chapter shows some improvements on present copyright system, including doctrine of liability of fixation, ways of compensation, duration of copyright and so on.

Key words: artificial intelligence, copyright, measures of infringement, system amendment

目 录

摘 要 ··············································································Ⅰ

Abstract ··············································································Ⅱ

一、人工智能生成物被侵权的事实·····················································1

（一）生成物内容被擅自使用（抄袭行为）············································1

（二）生成物内容被冒名·····························································1

二、人工智能生成物的特性与著作权化的困境 ·········································2

（一）人工智能生成物的特性························································2

（二）人工智能生成物著作权化的争议···············································2

三、人工智能生成物著作权化的可行性分析············································3

（一）独创性分析····································································3

（二）对“百度案”判决的回应······················································3

（三）人工智能生成物著作权的取得·················································4

四、人工智能生成物的权利归属························································5

（一）人工智能生成物权利归属的理论分歧··········································5

1.“人工智能软件开发者说”························································5

2. “人工智能软件使用者说”·························································5

3.“人工智能软件投资者说”························································6

4.“合同约定说”····································································6

5. 英国“必要安排者说”····························································6

（二）笔者对人工智能生成物权利归属的观点········································7

五、侵权保护制度的设计与修正························································8

（一）“实质性相似 接触”标准在人工智能生成物领域上的改良························8

（二）人工智能生成物著作权侵权的归责原则········································9

1.过错推定原则在传统著作权侵权中占据主流地位···································9

2.无过错责任原则在传统著作权侵权中广受质疑·····································9

3.无过错责任原则在人工智能生成物著作权侵权中的适用性·························10

（三）损害赔偿机制································································10

1.赔偿数额标准····································································10

2.第三者责任险的适用·····························································11

3.人工智能生成物著作权管理组织和人工智能基金会·······························11

（四）人工智能生成物著作权登记制度和保护期限的变化···························11

六、结语··············································································12

参考文献··············································································13

致谢··················································································14

剩余内容已隐藏，请支付后下载全文，论文总字数：20985字