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Beijing Favors AI-Generated Image In First Copyright Win

By Mikelle Leow, 17 Jan 2024

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Image generated on AI


A Beijing court has recently delivered a landmark ruling acknowledging the copyright of an image created using artificial intelligence, setting a new precedent in the rapidly evolving realm of AI and intellectual property rights.


The case centered on an AI-generated image of a young woman, crafted using the text-to-image model Stable Diffusion. The creator, known only as Mr Li, posted his work on Xiaohongshu (Little Red Book), a popular Chinese social media platform. However, the artwork was used by a blogger named Ms Liu without his consent.


In response, Mr Li filed a lawsuit for copyright infringement against Ms Liu in the Beijing Internet Court.

 

A court in Beijing made the first judgment over the copyright of #AI-generated images in the Chinese mainland, CCTV reported today. Such images should be considered artwork under the protection of copyright laws if human creativity and intellectual input were involved. pic.twitter.com/CCz9Z0C7ju

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— Yicai 第一财经 (@yicaichina) January 16, 2024


The court sided with Mr Li, ordering Ms Liu to compensate him with 500 yuan (approximately US$70) in damages and an additional 50 yuan (about US$7) for costs. The ruling was significant as the court recognized the AI-generated image as an artwork, attributing its creation to the continuous human input, aesthetic choice, and personalized judgment involved in using the software.


This decision reflects an understanding that while the graphic was generated by AI, the creative process was guided by a human, thus warranting copyright protection.


It’s seen as an effort on the part of the Beijing Internet Court to inspire individuals to engage in creative endeavors through AI tools. By assigning legal status to generative AI content under specific conditions, authorities look to be fostering an environment that supports innovation and originality in “emerging industries.”


Per Chinese news outlet The Paper (via South China Morning Post), presiding judge ZhuGe stated that determining no AI-created content constituted as art would “deal a blow to the industry.”


The ruling exacerbates the debate on whether synthetically-generated content should be safeguarded by copyright laws. As AI moves to find its place in various sectors, decisions like this are crucial in shaping its role not just locally but globally, and could very well influence how other countries and legal systems approach this new frontier of art.

 

 


[via South China Morning Post and Firstpost, images via various sources]

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