Sci-Tech

The images generated by AI have originality

2025-07-04   

Recently, the Second Intermediate People's Court of Shanghai, the Intermediate People's Court of Suzhou, Jiangsu Province, the Intermediate People's Court of Jiaxing, Zhejiang Province, and the Intermediate People's Court of Ma'anshan, Anhui Province jointly held an annual work conference on service guarantee for the integrated development of the Yangtze River Delta, and released typical cases of high-quality development of the digital economy in the Yangtze River Delta. The copyright infringement dispute case between Lin and Hangzhou Technology Co., Ltd. and Changshu Real Estate Development Co., Ltd., announced by Suzhou Intermediate People's Court, is the first case of infringement of "AI copyright images" in the Yangtze River Delta region. The case shows that the plaintiff Lin is the designer of AI generated content. On February 14, 2023, Lin designed the picture through the "Wenshengtu" AI software Midjournal. After entering the prompt words, he generated the picture with the Oriental Pearl TV Tower at night, buildings, Huangpu River and love balloons as the main elements. Subsequently, Lin made multiple rounds of modifications to the prompt words, adjusting the size, color, quantity, shape, posture, and other elements of the image composition. He also manually modified the generated image using the image processing software Photoshop, and finally designed the artwork "Companion Heart". Lin publicly published his signed works on the Xiaohongshu platform and applied for art registration with the National Copyright Administration in April of the same year. In October 2023, a technology company in Hangzhou built a water balloon art installation on an artificial lake in a commercial area managed by a real estate development company in Changshu, with the same creative concept as "Banxin". The company also posted multiple videos and images related to the installation on its accounts such as Xiaohongshu. One of the images had completely identical content compared to "Banxin", except for differences in aspect ratio, added text, and painted elements. The real estate company also used the image on its WeChat posts. The court held that Lin used the "Wenshengtu" software to modify the prompt words and used image processing software to modify the detailed design of the images. The completed "Companion Heart" image mainly consists of elements such as city, water surface, architecture, heart, and water reflection. In terms of scene, environment, color, light and shadow, angle, and their arrangement and combination, it reflects the author's unique choices and arrangements, and has originality, which should be protected by copyright law. However, Half a Heart itself does not have originality, so the plaintiff's copyrighted works should be limited to the "Companion Heart" graphic art works listed in the attachment of the work registration certificate, rather than the three-dimensional art installation of Half a Heart. In summary, the Changshu court ordered the technology company to publicly apologize to Lin for three consecutive days on its Xiaohongshu account, and jointly compensate Lin for economic losses and reasonable expenses totaling 10000 yuan with the real estate company. (New Society)

Edit:XunTing Responsible editor:LiuKaiEn

Source:cnii.com.cn

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