Artificial intelligence algorithms are profoundly changing our life, and it's widely used products to copyright law puts forward a new topic, but related copyright theory of hysteresis is unable to respond to the new problems, the judicial practice in the face of the creation of artificial intelligence is belongs to the work the problem appeared the phenomenon of "different connection with the sentence". It is urgent to standardize and analyze the copyability of artificial intelligence products. The concept of "work" in the new Copyright Law includes four elements: it belongs to literature, art and science; Have originality; Intellectual achievements; Can be expressed in a certain form. In insight into the four stages of artificial intelligence, on the basis of the creative process, refers to the legislation and judicial practice outside of the relevant empirical analysis shows that artificial intelligence products in correspondence with the basic properties of the components of the new works in the copyright law, should regard them as protected works, so as to promote the development and prosperity of socialist culture and scientific career.
This paper is divided into five parts. The first part mainly clarifies the status of artificial intelligence in China's legal system. Through two perspectives of legal form and ownership protection, the paper briefly summarizes the frontier theories and reveals the current situation of artificial intelligence itself in the legal system. The second part affirms the necessity of legal protection of artificial intelligence products from the theoretical level by combining utilitarianism theory, industrial development and market order demand reality and public interest balance theory from the three dimensions of jurisprudence, society and economy. Combined with the practice cases "Dream Writer" and "Film" of "same case, different judgment", it points out the legal dilemma in the judicial practice of the ownership of artificial intelligence products. The third part is the analysis of the copyability of artificial intelligence, through the legal test of artificial intelligence products and standard analysis combined with the operation logic of artificial intelligence, from the four elements of copyright law analysis of artificial intelligence generation should be the scope of copyright law protection. The fourth part analyzes the ownership of artificial intelligence products, and concludes that the autonomy of will of the parties should be fully respected, and the ownership mode with users as the core should be built. The fifth part is the extraterritorial experience, through combing the common law system, civil law system and international organizations related legislative status and judicial practice. This paper provides new ideas for the legislative construction of artificial intelligence products protection in China. The sixth is divided into the legislation model construction in our country, after the first analyze the other path, coming on the basis of the special work mode of legal protection, from the tort liability, right protection period, rights protection content three aspects our country legislation to provide some solutions, the rule of law construction of our country to have the effect of topic.