Research on the Copyability of AI-generated Image in the Context of the Copyright Law of the PRC - Based on the First Copyright Infringement Case of AI-Generated Image

Abstract

 The first copyright infringement case of AI-generated images was concluded in the first instance, but the related disputes have not been settled. The core issues focus on two aspects: First, whether the works generated by AI should be protected by the Copyright Law of the PRC; Second, under the framework of the Copyright Law of the PRC, how to characterize AI-generated images. From a factual perspective, users of AI models are not creators of AI-generated image; From a value perspective, AI cannot also be considered an author within the meaning of the Copyright Law of the PRC. Therefore, AI-generated image are not copyrightable and should not be included in the object scope of protection by the Copyright Law of the PRC. From the perspective of cost and benefit, there is no need for AI-generated image to be protected by the Copyright Law of the PRC. It will not affect the AI industry to deny the copyability of AI-generated image, but will deal a blow to the commercial art industry, which is conducive to reducing social costs and protecting public interests.