论人工智能风格迁移输出物的法律属性及其归属OACHSSCD

AI style-transfer models typified by Ghibli style generators have gained immense popularity,with their one-click output constituting AI-generated content(AIGC).Amid the controversial copyright eligibility of AIGC,an in-depth analysis of the legal nature and ownership of such outputs is essential.Model users' operations lack creative autonomy and direct control over expressive elements,and hence cannot be categorized as creation.The outputs of such models are not copyrightable works,precluding model users from claiming copyright based on the empowerment principle.Nevertheless,the public is not allowed to arbitrarily and gratuitously use such AI output,for they may possess economic value and utility,requiring proper regulation of their legal nature and ownership.The applicable rules follow a priority order:contractual agreements govern ownership in the first place;failing a valid agreement,outputs with a recognizable strong mapping relation to original materials shall be deemed derivative works and owned by the right holders of the original materials(model users need authorization for exploitation and profit-making),while model users shall in principle hold the exploitation and profit rights to outputs without such identifiable relations.