英文摘要 |
Starting with newly-invented painting robots, this article hopes to inspirereaders’ awareness of current issue: how to modify copyright framework, when therobot is perceptive and capable of generating unpredictable artwork? This articletries to respond this issue from two perspectives of law and policy. Firstly in legalperspective, this article refers to UK’s similar mechanism, claiming that protectionneeds to be built in the copyright related laws. As for the protection method, basedon the principle of legal stability, analogizing AI-generated work to the existingwork under copyright law may be a feasibly way. After reviewing each type of theworks, the author considers work-made-for-hire theory has the highest similaritywith AI-generated work. Secondly in policy perspective, this article refers to EuropeanUnion and Japan’s policy consideration to introduce the advanced mechanismfor Taiwan’s reference. The initial suggestion is proposed that an inter- departmental sector shall be established for the long-term development of the AIgeneratedwork. In conclusion, the author emphasizes that legal protection shouldbe applied to this new type of work and attribute right to human, so that the incentivefor innovation will be created and eventually benefit to Taiwan’s AI industry.Also, the policy on AI-generated work should be formulated, so that the Taiwan’sAI development blueprint will be more complete. |