The Determination of Copyright Infringement Offences in the Artificial Intelligence Arena from a Criminal-Civilian Intersection Perspective

The protection of copyright should adhere to the position that civil and criminal law are consistent, and that the same act cannot establish an offence of copyright infringement under criminal law to the extent permitted by civil law. It is appropriate to interpret the term "reproduction and distribution" in the context of the offence of copyright infringement as reproduction, distribution, reproduction and distribution. Judicial practice survey proved that at this stage, artificial intelligence can only be used as a tool for the offence of copyright infringement, and cannot become the subject of this offence, without affecting the construction and determination of this offence. As the object of the offence of copyright infringement, when an AI-generated object satisfies the two elements of originality and intellectual achievement, it can be considered to be a work of authorship and be included in the scope of protection under the Copyright Law and the Criminal Law. The legal interests protected by the offence of copyright infringement are firstly the state's order of copyright administration and the economic order of the socialist market, behind which lies the implication of protecting the copyright owner's advantageous position in market competition. With regard to the attribution of copyright in AI works, the determination can be made by drawing on the binary subject structure that has matured and operated in copyright law.