Abstract: when Chinese scholars analyze the suitability of the copyright subject of artificial intelligence,inertia thinking thinks that natural person has consciousness,but artificial intelligence belongs to machinery and does not have consciousness,which is inconsistent with the development of artificial intelligence. When analyzing the position of the copyright subject of artificial intelligence,we should classify it in advance according to the development stage of artificial intelligence,then discuss the corresponding stage. Regardless of the different stages of the development of artificial intelligence,the conclusion that it has or does not have the status of copyright subject in general and blindly will have the incongruity of logic. From the perspective of epistemology,based on the different development stages of artificial intelligence,using the methods of history,comparison and text,this paper analyzes the cognitive premise,cognitive field,cognitive model and human path of artificial intelligence subject suitability. In the stage of weak artificial intelligence and strong artificial intelligence,artificial intelligence plays the role of "tool" and cannot be regarded as the subject of copyright. Its behavior should be regarded as the functional extension of human organs,and the consequences should also belong to the maker or user. In the stage of humanoid artificial intelligence and super artificial intelligence,artificial intelligence can be regarded as the author of nature creators,and it has the qualification of copyright subject,but its ability to act should be restricted. In the case of tort,liability and responsibility should be assigned according to specific circumstances.