Thinking about the Originality of Artificial Intelligence Works in the Perspective of Legal Philosophy

Authors: Hao J*

DOI: 10.23880/phij-16000245

Volume 5, Issue 2

Abstract

The protection of intellectual property objects such as “works” is based on “originality” as the core. The understanding of originality determines the intellectual property legal protection framework and system represented by “works”. At present, with the rise of computer science such as artificial intelligence and big data, the definition of “originality” of artificial intelligence works has caused new debates. This paper aims to introduce the value review method from the perspective of legal philosophy, judge the originality of artificial intelligence works, and conclude that the subject status of artificial intelligence should not be recognized, but the protection of artificial intelligence works and derivative products needs to be based on social applications. judgement on the value level. In order to protect the freedom of creation and avoid the tragedy of the commons, creations obtained by mechanical calculation or replacement of prior works should not be fictitiously protected.

Keywords: Artificial Intelligence Works; Originality; Legal philosophy; Value review

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