Similar to the decision of the Beijing Internet Court, the Changshu People’s Court recently found an image a person generated through a series of prompts on Midjourney with some editing on Photoshop qualified as a work of authorship under China’s copyright law. (More from Technology’s Legal Edge.)
Hu Yue, Deputy Director of the court’s Intellectual Property Tribunal, reportedly explained the decision on WeChat: The premise for AI-generated content to be recognised as a work is that it should be able to reflect the original intellectual input of a human….For creators, this judgeent is a ‘reassurance’. It clarifies that creators who use AI tools to create have legal copyright over their works provided that the works have innovative design and expression…In addition, this case lawfully determined that the use of the ideas and concepts of another person’s work does not constitute infringement, which avoids overprotection of copyrights and abuse of rights, and is conducive to guiding the people on how to further innovate on the basis of using AI.”
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