argument: Decisioni/Decisions - Intellectual Property Law

International law firm King & Wood Mallesons discusses the first Chinese case on the copyright protection of images generated by artificial intelligence (AI), in which the Beijing Internet Court recognized the plaintiff’s right and the defendant’s liability for infringement. The court applied the criteria of field, originality, form and intellectual creation to determine whether an AI-generated work could be protected by copyright. The court found that the work in question reflected the plaintiff’s personal inputs and expressions, as he had chosen the AI service, entered various prompts and technical parameters and selected the final result. The court also ruled out that the AI service or its developers could be considered as the authors of the work, as they had no intention or participation in creating it. The page compares the Chinese decision with the recent US cases on AI-generated works, highlighting the difference between a simple AI output, where the human author has no creative involvement, and a complex AI output, where the human author experiments and adds various prompts, negative prompts and technical parameters until he obtains the desired final result. The page contains many references to legal sources, academic articles and news related to AI-generated works.