According to 21st Century Business Herald, Guangzhou Internet Court recently took effect a caseGenerative AI Service infringement on othersCopyrightThis is the first effective judgment in the world that a generative AI service infringes on the copyright of others.
The case held thatThe defendant (an artificial intelligence company) violated the plaintiff's right to reproduce and adapt the Ultraman works involved in the case in the process of providing generative artificial intelligence services, and should bear the relevant civil liability.This is another representative and innovative judicial decision in my country following the Beijing Internet Court's ruling on the "AI Wenshengtu" copyright infringement dispute in 2023.
It is reported that Tsuburaya Productions, the copyright owner of the "Ultraman" works, signed an "Authorization Certificate" with the plaintiff, exclusively authorizing the copyright of the Ultraman series images to the plaintiff and granting the plaintiff the right to protect its rights. The defendant company operates the Tab (pseudonym) website, which provides services with AI dialogue and AI-generated painting functions.
The plaintiff discovered that when the Tab website was asked to generate an Ultraman-related picture (such as inputting "generate a picture of Ultraman Dyna"), the Ultraman image generated by the Tab website was substantially similar to the plaintiff's Ultraman image.
In relation to the plaintiff's claim for RMB 300,000, the court ultimately determined that the defendant must compensate the plaintiff for economic losses of RMB 10,000 (including reasonable expenses such as evidence collection fees).
With the continuous development of AI technology, it has also brought difficulties to the protection of intellectual property rights and copyrights.
According to previous reports by IT Home, in December last year, the Beijing Internet Court concluded a case involving Li and Liu regarding infringement of their copyright and information network dissemination rights.The "work" attributes of images generated using artificial intelligence and the "creator" identity of the user are clarified.This case is the first copyright case involving "AI Wenshengtu" in my country.
In this case,The plaintiff used the open source software Stable Diffusion to generate the pictures involved in the case by inputting prompt words and then posted them on the Xiaohongshu platform. The defendant published an article on Baijiahao, and the pictures involved in the article were used as illustrations.The plaintiff believes that the defendant used the pictures in question without permission and cut off the plaintiff's signature watermark on the Xiaohongshu platform, causing relevant users to mistakenly believe that the defendant is the author of the work, seriously infringing the plaintiff's right of authorship and right of information network dissemination. The plaintiff demands that the defendant make a public apology and compensate for economic losses.
The defendant argued that it was uncertain whether the plaintiff enjoyed the rights to the pictures in question, that the main content of the articles published by the defendant was original poetry, not the pictures in question, and that they had no commercial purpose and that there was no intent to infringe.