Law

AI generated images also have copyright, and the Wuhan court has ordered the infringing party to compensate

2025-02-08   

Who owns the copyright behind the one click generation of images by AI? Recently, the People's Court of Donghu New Technology Development Zone in Wuhan concluded a copyright dispute case involving "infringement of AI generated images". Wang is a creator of Artificial Intelligence Generated Content (AIGC). On May 17, 2024, Wang posted on the Xiaohongshu platform notes of image works created using the "certain AI" software. More than a month later, he found that a science and technology company in Wuhan had published an advertisement for AI painting training camp through its Tiktok account, which was used to sell painting classes. The images cited in this advertisement are consistent with the images created by myself using AI. Wang believes that although the images involved in the case were created using "certain AI" software, in the creative process, users need to imagine the visual sense in their minds in advance, and control the pattern of the images through the writing and input of keywords. He registered the copyright of the work on May 26, 2024, and the defendant company has infringed upon the copyright of the image involved in the case that he owns. Therefore, he filed a lawsuit with the court. After trial, the court found that the accused images generated by Wang using software are no different from the photos and paintings that people usually see, and obviously belong to the field of art, with certain forms of expression, and are protected by copyright law. From the correlation between the presentation of the accused image and Wang's creative process mentioned above, it can be seen that the keywords used by Wang correspond to the elements and effects of the image, and there is a certain degree of "mapping" between the generated image and his creative activities. When drawing, Wang needs to set and adjust keywords, parameters, style lighting effects, and select images, reflecting Wang's ideas, creative techniques, aesthetic choices, and personalized expression. Therefore, the accused image condenses Wang's intellectual labor achievements and should be protected. Wuhan Technology Co., Ltd., without permission, used the accused images as illustrations for online promotion and publicity, which infringed on Wang's right to information network dissemination with respect to the accused images. Therefore, it should bear the infringement liability of stopping the infringement and compensating for losses. The court, taking into account various factors, has determined at its discretion that Wuhan Technology Co., Ltd. will compensate Wang for economic losses and reasonable expenses of 4000 yuan. After the first instance judgment was made, neither party appealed and the judgment has taken legal effect. (New Society)

Edit:Rina Responsible editor:Lily

Source:CHINANEWS

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