Journal of Dali University

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Study on the Protection Model of Works Made for Hire of Artificial Intelligence Creations

Liu Qiang1, Zhang Wanyu2   

  1. 1. School of Law, Central South University, Changsha 410083, China; 2. China Foreign Affairs University, Beijing 100037, China
  • Received:2020-01-08 Online:2020-03-15 Published:2020-03-15

Abstract: A new type of employment relationship is involved in works generated by artificial intelligence(AI). By adopting the model
of works made for hire, problems in the copyrightability and interests allocation of AI creations can be solved in a reasonable way.
Protecting AI creations under the model of works made for hire can help simulate AI creation activities and define the subject of tort
liability in the behavior of AI creation. The rules of works made for hire provide a regime foundation for this model, in which AI can be
regarded as "employee" and the scope of "employer" should be broadened. Therefore, it is necessary to expand the work-made-forhire
regime in China based on the third time revision of Copyright Law and to bring AI creations into the scope of copyright protection,
so as to protect AI creations properly and promote its development.

Key words: artificial intelligence, creations, works made for hire, copyrightability, interests allocation