The ruling made headlines: Beijing’s Internet Court has ruled in a landmark judgment that AI-generated images can be copyrighted because they reflect the creative contribution of humans. The parameters of the AI set by humans make the end result worthy of copyright. This surprising decision, which deviates massively from Western case law, offers new perspectives on the relationship between artificial intelligence and intellectual property rights.
The ruling was prompted by a case in which the plaintiff, a blogger, used text-to-image generation based on AI. This led to a dispute when another blogger used variations of the result without permission. The court sided with the plaintiff and emphasized the human intellectual investment in the creative process. It found that the use of AI to create images is fundamentally a human activity in which humans use tools to create. AI-generated images that reflect a person’s original intellectual investment should be protected by copyright law.
The Chinese court’s decision expands intellectual property rights and can prevent copyright infringement in China. Recognizing authorship for people who use generative AI in creation allows for intervention by the judicial system or online warning letters in case of infringement. The ruling on AI-generated images is likely to set an important precedent for the music, film and television industries. The court’s decision is in line with China’s pro-technology stance and follows the government’s support for the national AI industry. The Chinese AI market is estimated to be worth over 26 billion US dollars by 2026. If other courts follow Beijing’s example, this estimate is likely to increase significantly.
image>Zhichanku
China Intellectual Property Blog 