[번역본] 중국 저작권법의 시각에서 바라본 인공지능 저작물

Articles, music, paintings, and others generated by AI systems are usually called “AI works”. In a case acknowledged by The Supreme People’s Court of China, an article generated by software was judged to be a work in Chinese Copyright Law. Based on this case, this paper analyzes that AI works can be works in Chinese Copyright Law. Chinese Copyright Law requires that a work must be original and can be expressed in a certain form. An AI work is usually presented in the form of text, pictures or music, which meets the requirement of being expressed in a certain form. The judgment of the originality of an AI work is the key to whether it is a work in Chinese Copyright Law. First of all, in terms of content expression form, an AI work can be different from existing works, and is not common expressions in the public domain, which meets the requirement for the originality of a work in Chinese Copyright Law. Secondly, the behaviors of researching and developing an AI system by the R & D staff usually play a decisive role in the content expression form of an AI work and have a direct relationship with the content expression form of an AI work. Therefore, the R & D staff has created an AI work, and the originality of an Al work comes from natural persons. At this time, we can recognize that an AI work is a work in Chinese Copyright Law and the R & D staff is the author of an AI work. Moreover, in the user who operates an AI system, by analyzing the content expression form and the generation process of an AI work, if we can be sure that the specific content expression form of an AI work is determined by the behaviors of the user and has a direct relationship with the behaviors of the user, it can be considered that the user has also participated in the creation of an AI work and the user is one of the authors of an AI work.