Industry-driven Contract Design:User Agreement-based Ownership Allocation for Al-generated Objects
The emergence of ChatGPT opens a new era of generative AI,which triggers a heated discussion on the allocation of ownership of AI-generated objects.In this regard,the traditional public governance model is difficult to play the expected effect,and the persistence of waiting for legislation to regulate the perspective of rights may slow down the development of the artificial intelligence industry.In this regard,it may be a solution to transform the original platform identity of the"governed"into the"governor",and to shift from public governance to platform self-governance.In the industrial practice of China and the United States,generative AI service platforms have widely agreed on the attribution of generative rights through User Agreements,which can be categorized into user attribution models and platform attribution models.Different autonomy programs imply different value considerations,but the platform's profitability and dominant position will easily lead to an imbalance of interests between the platform and the users.Therefore,it is necessary to analyze the compliance of platform autonomy model to ensure that it operates on the legal track and to prevent phenomena such as contractual display of obvious unfainess,in order to give full play to the advantages of platform autonomy model.