知识产权法学外文文献(中英对照)

Copyright Protection for Artificial Intelligence

Creation

1.Introduction

在传统的实践中，计算机程序在人类创作作品的过程中通常扮演着辅助工具的角色，作为全新的载体承担代替书写和存储作品的功能，但近年来，人工智能技术的革新改变了这一现状。所谓人工智能，是指能在人类参与度极低的情况下，能够像人一样perform tasks、think、act、learn、act rationaly（感知、规划、推理、学习、沟通、决策）的智能系统1，从美联社人工智能公司合作开发的人工新闻写作平台Wordsmith的运用，到谷歌人工智能设备DeepDream所生成的绘画拍卖成功，人工智能生成内容逐渐有了近似人类的智力创作的痕迹，并产生相应的经济效益，这对现行的著作权规则提出了新的挑战。

Traditionally, computer program usually played the role of assisting human creation, and as a brand new carrier, assumed the function of replacing writing and storing works. However, in recent years, this situation has been changed by the innovation of artificial intelligence technology. Artificial intelligence refers to intelligent system that can, in the case of very little human involvement, perform tasks, think, act, learn and act rationally just like human being do. From the application of Wordsmith, an artificial news writing platform co-developed by Associate Press artificial intelligence companies, to the successful auction of the painting generated Google artificial intelligence device DeepDream, contents generated by artificial intelligence gradually have with traces of approximate human intelligence creation, and bring about corresponding economic benefits. This poses a new challenge to the existing copyright rules.

1See FUTURE of Artificial Intelligence Act of 2017, December 12th, 2017: SEC.3.DEFINITIONS (a) IN GENERAL.—Except as provided in subsection (b), in this Act: (1) ARTIFICIAL INTELLIGENCE.—The term “artificial intelligence” includes the following: (A) Any artificial systems that perform tasks under varying and unpredictable circumstances, without significant human oversight, or that can learn from their experience and improve their performance. Such systems may be developed in computer software, physical handware, or other contexts not yet contemplated. They may solve tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. In general, the more human-like the system within the contxt of its tasks, the more it can be said to use artificial intelligence. (B) Systems that think like humans, such as cognitive architectures and neural networks.(C) Systems that act like humans, such as systems that can pass the Turing test or other conparable test via natural language processing, knowledge representation, automated reasoning, and learning. (D) A set of techniques, including machine learning, that seek to approximate some cognitive task. (E) Systems that act rationally, such as intelligent software agents and embodied robots that achieve goals via perception, planning, reasonging, learning, communicating, decision making, and acting.