Recently, Chinese jurisprudence has delved into the protection of copyright on images generated by Artificial Intelligence and, in particular, the two rulings issued by The Beijing Internet Court
In this regard, The Beijing Internet Court issued a key ruling regarding the protection of copyright on an image produced with the collaboration of Artificial Intelligence, with the plaintiff being an individual and the author of the blog being the defendant.
According to the ruling, the plaintiff created an image using an Artificial Intelligence application, which was subsequently published on a social network.
On the other hand, the defendant shared the image on his blog, making some modifications, which led to the filing of legal actions alleging violation of his intellectual property rights.
In the Court's assessment of the copyright protection of the image, the intellectual investment made by the plaintiff was first highlighted. This investment included the selection of the design, the presentation of the characters, the choice of keywords for their creation, as well as the overall composition of the image.
The Court added recognition of originality to the set of images generated by Artificial Intelligence, determining that they reflected a human creative contribution , which made them worthy of protection under the Chinese Copyright Law.
Ultimately, the Court concluded that the plaintiff: "directly adjusted the involved party's artificial intelligence model to its needs and ultimately selected the person associated with the image in question. The image in question was generated directly from the plaintiff's intellectual investment and reflects the plaintiff's personalized expression. Therefore, the plaintiff is the author of the image in question and has copyright in it."
That said, the court's decision was based on the fact that the configuration of the relevant parameters for the Artificial Intelligence model and the final selection of the image in question were carried out by a human being, thus concluding that the final result of the images were generated directly as a result of human intellectual investment reflecting the personalized expression of the plaintiff.
Angela Huyue Zhang , a law professor at the University of Hong Kong, herself pointed out on Twitter that this ruling indicated a favorable attitude towards development and companies in the regulation of Artificial Intelligence by China.
Until now, only one case in the United States of America had granted copyright protection to images generated by Artificial Intelligence , although the United States Copyright Office later changed its decision.
This Chinese ruling marks a significant step forward in the legal recognition of auditing and copyright protection in the context of Artificial Intelligence.
Source: Author Institute
