Redian新闻
>
In a First, Beijing Court Grants Copyright to AI-Assisted Art

In a First, Beijing Court Grants Copyright to AI-Assisted Art

社会

The court ruled that AI-generated images demonstrating human originality and intellectual input should be protected by copyright law.

In a legal first for China, a Beijing court has granted copyright protection to artwork created using artificial intelligence with human guidance. The ruling comes amid growing concerns over intellectual property rights in works created using generative AI technologies, with experts suggesting it could influence future legal interpretations in this field. 

In the case, a man, surnamed Li, accused a woman, surnamed Liu, of copyright infringement for using an image he created with Stable Diffusion, an AI text-to-image generator, in her online poem as an illustration. While Li sought 5,000 yuan ($700) in compensation, Liu contested the claim, questioning whether Li even held the copyright to the artwork.

Initiated in May, with the trial commencing online on Aug. 24, the case garnered widespread attention across the country. The proceedings — streamed live — drew an audience of over 170,000 viewers, sparking debate over AI and copyright. Liu, the defendant, was eventually ordered to issue a public apology and pay Li 500 yuan in compensation.

Siding with Li, the Beijing Internet Court ruled that the image qualifies for copyright. The court recognized Li as the author, holding that the image was “directly created from the plaintiff’s intellectual input” and “manifested in (his) individual expression.”

“The core purpose of the copyright system is to encourage creation,” the verdict stated. “AI-generated images, as long as they demonstrate human originality and intellectual input, should be recognized as works and protected by copyright law.”

The court also noted that though the image was produced by AI, a machine cannot be considered the author since it has no free will. The creation, the court added, was driven by human input, viewing the content generation as a process where humans utilize tools to create.

In stark contrast, the U.S. Copyright Office in February denied copyright protection for images produced using the generative AI software Midjourney in a graphic novel. The Copyright Office had stated that the images were not “products of human authorship.”

The AI-generated image in question and the process used to create it. From @知识库 on WeChat

Coming at a time when concerns over the impact of AI have intensified in China following the surge in popularity of generative AI services this year, the Beijing court ruling has also triggered diverse opinions among legal experts. 

Some see it as a progressive step, encouraging innovation and recognizing the role of human input in AI creations. But others have raised concerns that this approach blurs the lines of legal authorship, questioning whether AI-assisted processes should qualify for copyright, while cautioning that it could lead to increased infringement risks. 

Zhang Xin, executive director at the Digital Economy and Law Innovation Research Center of the University of International Business and Economics, told Sixth Tone that the ruling opens the door for copyrighting AI-generated content. 

According to Zhang, while it may encourage creators and tech developers to embrace and innovate with AI tools, it also raises the potential for increased copyright infringement risks for those who use these AI-created works.

Dong Wentao, a partner at Shanghai Allbright Law Offices specializing in copyright protection, emphasized the case’s significance in seeking to clarify the copyright status of “half-human, half-AI works.” 

Dong underscored that the image in question was produced through multiple interactions between a human and AI, rather than a single query. While not a model case, Dong believes it could serve as a reference for future rulings in similar situations.

In a scenario where individuals are commissioned to create a work of art, he said, copyright ownership in China is granted either solely to the artist or shared with the individual who commissioned it depending on their involvement. 

However, the involvement of AI as a commissioned entity complicates matters, as machines cannot legally hold copyright. The Beijing court, however, distinguished this case from typical commissions, noting that AI lacks free will. The court ruled that the AI developer doesn’t own the copyright, since their role was limited to creating the AI tool, and not the artwork itself.

Dong noted that the ruling seems to extend copyright protection to the technical side of creation, specifically the prompts and instructions used in human-AI interactions. He explained that under this interpretation, replicating the same method to produce similar art could be considered a copyright violation. However, Dong argued this contradicts the principle of the copyright law, since it protects the original expression instead of the idea.

Contributions: He Qitong; editor: Apurva.
(Header image: Visuals from IC and @知识库 on WeChat, reedited by Sixth Tone)

Download the new Sixth Tone app at the App Store or Google Play
APK file for Android:
https://image4.sixthtone.com/pkg/sixthtone.apk
(Copy URL and open in browser) 

微信扫码关注该文公众号作者

戳这里提交新闻线索和高质量文章给我们。
相关阅读
[Webinar] Navigating Saudi Equities: Insights & Opportunities150刀Logitech G560 LIGHTSYNC PC Gaming SpeakerIn Northeast China, Tourists From the South Spark a Winter Boom诚心咨询,art+ pre我和槐花基本立场差不多。区别在,A, Harvard + first gen; B, Fordham + 老留娃,槐花毫My first marathon in new yearDiving Controversy Prompts Sports Fandom CriticismSurge in Chinese Students Using AI for Academic Edge: New Survey非洲十国考察报告( 二, 还是肯尼亚 )Leading Scientists Gather for Laureates Forum in Shanghai精选Quant岗位 | Valkyrie Trading、Prudential、Bunge公司岗位发布!Highlights | VALENTINO打造新春红韵系列,路易威登推出节日特别香氛......Mourning 2.0: The AI-Driven Era of Coping With Loss in ChinaThe Contemporary Artist Using Crosses to Push Boundaries【会计师全职Offer】Eastern Accounting & Counsulting会计师录用Offer!|求职战报无意识狂欢(七)Providing Long-Term Care for Shanghai’s Most Vulnerable ResidentAsia’s Biggest Men’s Tennis Tournament Returns to ShanghaiChina's Top Court Spotlights Domestic Violence ChildrenCiting Safety, Beijing Bans Unregistered Electric ScootersHas the ‘Double Eleven’ Shopping Festival Lost its Luster?After Delayed Winter, China’s Ski Resorts Swing into High Gear【Light Up】蒋圣力老师light up讲座回顾:以国际法为灯的循梦而行kuberntes ingress 和 openshift router 异同?Alert: Maintain vigilence with regards to your surroundingsCity Slickers: How Shanghai Is Outfoxing Its Raccoon Dog ProblemStudents, Migrants Get Early Rail Ticket Access小楼西风China’s Top Court Continues Campaign Against ‘WeChat Overtime’《湖天一览楼》1册6章(5) 崔锡麟一赴上海伤与痛Highlights | DIOR二零二四冬季男装秀落幕,Valentino情人节臻选发布......《行香子:京华丽人》A Beijing BeautyFinancial Aid in Spotlight As Student Flaunts $209 Concert‘Lying Flat’ Wolf Fed Well by Tourists, But Concerns Raised180刀Razer DeathAdder V3 Pro Ultra-lightweight Ergonomic WirelessAnti-Consumerism Advocate Encourages Rethinking Life’s PleasuresLearning Curve: Young Teachers Strive as Class LeadersNeurIPS 2023 Spotlight | 面向通用决策场景的MCTS基准框架:LightZero
logo
联系我们隐私协议©2024 redian.news
Redian新闻
Redian.news刊载任何文章,不代表同意其说法或描述,仅为提供更多信息,也不构成任何建议。文章信息的合法性及真实性由其作者负责,与Redian.news及其运营公司无关。欢迎投稿,如发现稿件侵权,或作者不愿在本网发表文章,请版权拥有者通知本网处理。