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  • JAVY’s Zhao Zhanling Interprets AI-Generated Image Copyright Infringement Case

    Release Time:2023-12-01

    Recently, the Beijing Internet Court issued a first-instance judgment on copyright infringement involving AI-generated images. The defendant was found to have infringed the plaintiff's rights and was ordered to apologize publicly and pay 500 yuan in damages. Zhao Zhanling, a lawyer at JAVY Law Firm, explained the case's significance and the recognition of "originality" in AI-generated works during an interview with Southern Net. He highlighted the intellectual input and aesthetic choices made by the plaintiff as key factors in the court's decision. This landmark case sets a precedent for future AI-generated content copyright issues.


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    As Mr. Zhao pointed out, the plaintiff obtained the initial image by entering keywords and setting relevant parameters, and then continued to add keywords, modify parameters, and make continuous adjustments until obtaining the relevant images. This process of adjustment and modification also reflects the plaintiff's aesthetic choices and personal judgments, independently completed by the plaintiff, meeting the requirement of "originality."


    Mr. Zhao further explained that if the defendant uses different AI software with similar keywords and parameters, resulting in identical or similar generated outputs, according to the judgment in this case, it may also infringe on the plaintiff's copyright in the created works. Mr. Zhao believes that this case, as the first case of copyright infringement involving AI-generated images, has specific important reference value for the determination of the originality of AI-generated content and the specific creator of works in the short term for similar cases. 


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