The Legal Attribute and Right Protection of the Fruits of AI Generation
Based on the development of big data and algorithm technology,the generation of artificial intelli-gence can widely generate pictures rivaling the wisdom of human brain and the authenticity of human works.At present,there is still a great controversy about the legal attribute of AI products in academic circles.The main controversy is whether AI products can be protected by intellectual property law.Considering its tool properties,artificial intelligence itself does not have creative consciousness,and granting artificial intelligence generation intellectual property protection is against the promotion of innovation and creation characterizing in-tellectual property legal system as well as human center concept.Therefore,artificial intelligence generation should deny its intellectual property properties,confirming that it serves as the of legal nature according to the existing legal system.Consistent with the mode to the human center concept,fruits mode has strong compat-ibility,and there is no problem like unfairness or absence of spiritual rights due to excessively long protection period.Through the reasonable distribution of rights among owners of artificial intelligence software,users,providers and users of artificial intelligence service,a legal protection path will be finally achieved to the reso-lution of the infringement of artificial intelligence generation and artificial intelligence generation's infringe-ment of individuals'legitimate rights and interests respectively in the field of civil,administrative,criminal.