Wuhan East Lake New Technology Development Zone People's Court public number on February 6, informed that recently, a "AI generated map by theInfringement"ofCopyrightThe decision in the dispute case makes it clear that under certain conditions AIGC Generated content can be authoredcopyright protection for the purpose of adjudicatingThis case provides an important reference for determining the copyrightability of AIGC products and clearly defines the infringement behavior in the AIGC field. This is also the first case in Wuhan in which AI image creators have defended their rights.
1AI organizes the information on the case as follows:
Plaintiff Wang Mou is an artificial intelligence-generated content (AIGC) creator.2024 On May 17, Wang Mou posted a picture created using an "AI" app on the Xiaohongshu platform, and the note received 35,000 likes, more than 6,000 favorites, and more than 660 comments.
On June 20, 2024, Wang discovered that Wuhan Certain Technology Co. posted an advertisement for an AI painting training camp on its Jieyin accountAn image consistent with this image was used. Wang registered the copyright registration for the work on May 26, arguing that the defendant companyInfringement of one's own copyrightHe then filed a lawsuit.
The court held that the pictures generated by Wang using AIGC software were no different from the photos and paintings that people usually see, and belonged to the field of art with a certain form of expression, protected by copyright law.
The works referred to in China's copyright law are the fruits of intellectual creation in the fields of literature, art and science and technology that are original and can be expressed in a certain form.It is the expression that is original that is protected, not the thought or idea itself.
The court held that Wang needed to conceptualize the image during the creative process, theA certain degree of "control and anticipation" of the generated work through the writing and entering of keywords and the constant adjustment of parameters.Creative ProcessReflecting Wang's conceptualization, creative techniques, and aesthetic choices, reflecting Wang's personalized expression.
As a result, the pictureThe fruits of Wang's intellectual labor are condensedWang was the author and copyright holder of the picture. Wuhan Technology Co., Ltd. used the picture for commercial promotion without authorization, infringing on Wang's right of information network dissemination.
The court ruled that Wuhan Certain Technology Co.Compensation for Wang's economic loss and reasonable expenses 4000 RMBThe first instance judgment was not appealed by either party. After the first-instance judgment was rendered, neither party appealed, the judgment has become legally effective, and the defendant has taken the initiative to fulfill its obligations.