2019年我国人工智能作品独创性的证立

Abstract:Whether artificial intelligence works have originality is the key to respond to whether they can be protected by copyright law. First of all，it should be clear that the object of originality is the content of the work rather than the process of creation. Due to the diversity of art schools，the commercialization of works and the technicalization of works creation，the personality factors in the originality standard lose the specific social foundation. Therefore，the judgment of the originality of artificial intelligence works should adopt the objective originality standard. Under machine learning technology，artificial intelligence works can reach the same level of human works in content，and their external symbol form and general frame have objective difference with the previous works，which can reach the objective originality standard and should be protected by copyright law.

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