网络安全与数据治理2026，Vol.45Issue(6)：82-88,7.DOI:10.19358/j.issn.2097-1788.2026.06.011
AIGC的版权激励困境与出路:一种法经济学的分析框架
Copyright incentive dilemma and approaches for AIGC:an analytical framework of law and economics
摘要
Abstract
As a new type of object emerging from the development of modern technology,Artificial Intelligence-Generated Content(AIGC)has led to a technological deconstruction of the definitions of"work"and"author"in traditional copyright systems.Current discussions on copyrightability and subject qualification predominantly focus on elemental analysis,often overlooking the negative externalities that cause in-centive imbalances.Introducing the rational person model and transaction cost theory as tools for economic analysis of law can help achieve the goal of incentivizing copyright creation.Regarding the nature of works,copyright incentive measures adopted in legislation and judicial prac-tices vary across countries.A cost-benefit analysis supports the rationality and necessity of recognizing AIGC as works from an incentive logic perspective.In terms of subject qualification,artificial intelligence is still in its developmental infancy and lacks the foundation for ethical per-sonhood.From the perspective of data governance practice,specific neighboring rights system designs—such as rights allocation and protec-tion duration—should be proposed based on the distinction between rights and liability subjects and fictional creation subjects.Additionally,institutional suggestions such as granting AI the right to be identified as an author are put forward.At the same time,we should adhere to the principle of AI for good and seize the appropriate policy window period,in order to provide references for data governance in addressing the challenges posed by AIGC.关键词
人工智能生成物/可版权性/主体资格/激励理论Key words
AI-generated content/copyrightability/legal subject/incentive theory分类
社会科学引用本文复制引用
龚旖..AIGC的版权激励困境与出路:一种法经济学的分析框架[J].网络安全与数据治理,2026,45(6):82-88,7.基金项目
江苏省研究生科研创新计划项目(KYCX25_0825) （KYCX25_0825）
