UGC账号权属纠纷的法律认定与解决路径研究

Study on Legal Determination and Resolution Path of UGC Account Ownership Disputes

摘要: 本文聚焦MCN机构与创作者间UGC账号权属纠纷，分析其因资本投入与劳动贡献缺乏法律边界、现有法律回应不足导致的爆发性增长现状。界定UGC账号兼具财产与人格双重属性，财产属性体现为直接、附属及交易价值，人格属性关联用户身份、情感与社会评价。剖析纠纷存在的理论争议、立法困境及司法难题。提出构建所有权–用益权二元结构，并从完善法律规则、构建纠纷解决机制等方面给出建议，为解决纠纷提供思路。

Abstract: This paper focuses on the ownership disputes of UGC accounts between MCN institutions and creators, analyzing the explosive growth of such disputes caused by the lack of legal boundaries between capital investment and labor contributions as well as insufficient responses from existing laws. It defines that UGC accounts have both property and personality attributes. The property attribute is reflected in direct, subsidiary and transactional values, while the personality attribute is associated with the user’s identity, emotions and social evaluation. The paper also examines the theoretical controversies, legislative dilemmas and judicial difficulties existing in these disputes. It proposes the construction of a “ownership-usufruct” dual structure, and suggests that the usufruct should be determined based on legal relations, contribution degree, personality right and public interest. Additionally, it puts forward recommendations for improving legal rules and establishing dispute resolution mechanisms, so as to provide ideas for resolving such disputes.