论人工智能的法律主体性——以人工智能生成物的著作权保护为视角

摘要

人工智能生成物著作权保护的核心问题就是人工智能的法律主体性问题.以现有法律为认定标准,人工智能不具法律主体资格,其生成物不构成作品;抛开人工智能的法律主体性,人工智能生成物符合作品构成要件,可以认定为著作权法上的作品.现有技术条件下人工智能不具有法律主体资格,未来超人工智能也不应具有法律主体资格.基于激励理论,人工智能生成物应当受著作权法保护,其核心问题是权利归属,著作权应归属于开发者、所有者或使用者.%As for the copyright protection of AI products, the core issue is the legal subjectivity of AI. Based on the existing laws, AI does not have the qualification as legal subject, and its creations cannot be regarded as works. Regardless of the legal subjectivity of AI, AI creations satisfy the constitutive requirements and can be identified as works according to the copyright law. AI does not have the qualification as legal subject under the existing technical conditions, and super artificial intelligence in the future should not have the qualification as well. Based on incentive theory, artificial intelligence products should be protected by copyright law. The core issue is the ownership of rights, and copyright should belong to developers, owners or users.