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AII-1002-66013
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.

Chinese court upholds copyright protection for AI-generated images

A Chinese court ruled that AI-generated images can be protected as original works under copyright law when the user exercises control over the generation process through keyword input and parameter adjustment. The court found a technology company liable for using a creator's AI images in commercial promotions without permission and ordered it to pay damages.

20 June 2024 Β· Wuhan technology company Β· Intellectual property and appropriation
20 June 2024
AII-1002-660132 sources ↓
Quick facts
Category
Intellectual property and appropriation
Country
China
Source
人民网
Date
20 June 2024
Drafted by
Raidu Incident Detection

What happened

In May 2024, an AI content creator (Wang) published AI-generated images using certain AI software on a social media platform. In June 2024, Wang discovered a Wuhan technology company had posted identical images as promotional material for an AI painting course on its Douyin account without permission.

Wang sued for copyright infringement. The court found that the AI-generated images, created through the user's input of keywords, adjustments to parameters, and selection of outputs, reflected the creator's conceptualization, creative technique, aesthetic choices and individual expression, thus constituting protectable original works under Chinese copyright law.

Reported impact

The court ordered the Wuhan technology company to cease the infringing use and to pay the creator 4,000 yuan in damages and reasonable expenses. Both parties accepted the judgment and did not appeal.

Index analysis

The court confirmed that AI-generated images meeting the standard of originality qualify as works protected under copyright law. The judgment clarifies that the originality requirement is satisfied when the user exerts control and foresight over the generated output through keyword setting, parameter adjustment, and image selection.

The ruling establishes that use of AI-generated works for commercial purposes without authorization constitutes infringement of the information network transmission right.

Governance controls

The court's application of copyright law to AI-generated content provides guidance for assessing the copyrightability of future AI-generated works.

Classification

Category
Intellectual property and appropriation
Industry
Media, social platforms and marketing
Country
China
Harm status
Actual harm
Intent
Unintentional
Timing
Unknown
Harm types
Economic or property
Harmed
Business
Consequences
Litigation
AI systems
Certain AI software

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

人民网
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11 February 2025
人民网
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11 February 2025