关键词: 人工智能, 作品资格, 版权归属, 合理使用

Abstract: How copyright law,enacted in the era when machine creation existed in imagination,addresses copyrightability and ownership of AI-generated contents,as well as the legal nature of using copyrighted materials by AI,has become key issues that urgently need to be addressed.Based on the analytical framework of utilitarianism,personality theory,cognitive cost and extraterritorial experience,this article points out that AI-generated contents can obtain qualification of works.Based on the analytical framework of information costs,degree of involvement,negative externalities and extraterritorial experience,this article points out that the attribution of copyright of AI-generated contents should first be attributed by agreement,while the legal default rules should be determined according to the degree of involvement of different parties.Based on the analytical framework of transaction costs,institutional advantages,social welfare and extraterritorial experience,this article points out that text and data mining exceptions should be introduced into copyright law.

Key words: artificial intelligence:qualification of works:copyright ownership:fair use