인공지능 창작물의 저작물성에 관한 중국 판례 검토 - 페이린, 드림라이터 사건을 중심으로 -

Abstract

When artificial intelligence first appeared, it was only used as a tool to create creations. But now, artificial intelligence has become so advanced without additional human commands through deep learning and machine learning that it can recognize a large amount of information, analyze and learn on its own. Therefore, there are active discussions among countries on how to take legal action against creations created by artificial intelligence. There have been two recent court cases in Chinese courts on creations created by artificial intelligence. One of them had a final decision. It is significant in that the court ruled against a copyright infringement lawsuit against a creation created by artificial intelligence. Therefore, this paper introduces relevant precedents focusing on the Feilin case and Dreamwriter case, which are Chinese court cases on artificial intelligence creations. We examined China's attitude toward artificial intelligence creations through a legal review of the requirements for the establishment of works and the status of authors under the Chinese Copyright Law. AI, which appeared in the two cases, was an weak artificial intelligence stage, based on the assumption that human participation was involved when the final results were produced. The Chinese court denied the identity of the artificial intelligence creation, but recognized it as a work. However, if strong artificial intelligence appears, the current Chinese court cases alone will still not give the answer. If it is difficult to review artificial intelligence creations under the copyright law, the solution to artificial intelligence creations should also be considered in terms of "performance made with considerable investment or effort" one of the types of anti-unfair competition action.