[Purposes]This paper aims to clarify the ownership of rights and interests in generative AI-generated content aims to alleviate the sharp contradiction between generative AI and copyright law,and provide copyright law protection for the development of generative AI.[Methods]By analyzing the opera-tion logic of generative AI,and combining with the basic theory and judicial practice of copyright owner-ship determination,this paper explores the basic principles of ownership of content generated by genera-tive AI.[Findings]After clarifying the basic principles,it can be seen that generative AI itself cannot be used as a copyright subject,and between users and service providers,when the agreement takes prece-dence,and if there is no agreement,the legal ownership allocation rules will be applied in order.[Conclu-sions]The determination of the ownership of the rights and interests of generative AI-generated content will help alleviate the legal risks faced by generative AI and achieve the legislative purpose of the Copy-right Law to encourage cultural innovation.
关键词
生成式人工智能/服务提供者/用户/作者中心主义/投资保护主义/权益归属
Key words
generative AI/service providers/user/author-centrism/investment-protectionism/the owner-ship of rights
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