The Beijing Internet Court acknowledges copyright protection for AI-generated images
November 30 2023
On November 27, 2023, the Beijing Internet Court made a landmark decision affirming copyright ownership of AI-generated images to the human operator of the AI. The plaintiff, Mr. Li, had created images using the AI software Stable Diffusion and published them online, but discovered the defendant had misused them without permission. The court found that Mr. Li’s intellectual efforts in guiding the AI—through inputting prompt words and selecting parameters—constituted original work deserving of copyright protection. This ruling contrasts with the U.S. Copyright Office’s stance against recognizing AI-generated images as copyrightable and highlights the importance of human authorship, especially in light of the Thaler v. Perlmutter decision which dealt with recognizing the AI itself as the author. Mr. Li received compensation of 500 RMB for the infringement.
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What does it mean?
- Beijing Internet Court: A specialized court in Beijing, China, that handles internet-related cases, including e-commerce, online service contracts, intellectual property, and personal information protection disputes.
- AI-generated images: Images created by artificial intelligence programs, which typically use algorithms and machine learning to generate visual content without direct human artwork.
- Stable Diffusion: A specific type of artificial intelligence software used for generating images through input prompts and customizable parameters, simulating various styles and content.
- Intellectual efforts: The application of mental skills, knowledge, or creative thinking to a task or problem.
- Original work: In copyright law, this refers to a creation that is sufficiently novel and shows a degree of creativity, thus making it eligible for copyright protection.
- Thaler v. Perlmutter: A legal case that discusses issues of intellectual property, specifically whether an artificial intelligence system can be recognized as an author with copyright eligibility.
- RMB: Abbreviation for Renminbi, the official currency of the People's Republic of China.
- Infringement: A breach or violation of laws or rights, in this case, referring to the unauthorized use of copyrighted material.