Exploring the Copyrightability of AI-Generated Images in China

Published on Jun 17, 2024

The article explores the copyrightability of AI-generated images in China, focusing on a landmark case adjudicated by the Beijing Internet Court. In the "Spring Breeze" case, the court recognized the copyrightability of AI-generated images, setting a relatively low standard for judging originality. This contrasts with the cautious approach taken by the US Copyright Office. The article examines the concept of originality in AI-generated images, emphasizing the role of human input in the creative process. It discusses the challenges of determining human creative control over AI-generated images and whether user prompts should be considered thoughts or expressions. Ultimately, the article suggests that AI-generated images with substantial human input should not be categorically denied copyrightability. The rapid advancement of AI technology poses challenges to the existing intellectual property legal system, prompting the need for further discussion and clarification on copyright issues related to AI-generated content.