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ARTICLE · 08 DECEMBER 2023

Computer Love: Beijing Court Finds AI-Generated Image Is Copyrightable In Split With United States

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In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law.

GlobalTechnology
Keith Kelly
Keith Kelly
Yuhao (Zach) Dai
Yuhao (Zach) Dai
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In a decision issued1 November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications.

Background of Case

The plaintiff used a U.S.-based text-to-image artificial intelligence ("AI") service to generate an image of a woman that he posted to a lifestyle platform called Xiaohongshu, also known as "Little Red Book". A China-based blogger then used the AI-generated image in a blog post on Baijiahao, a Chinese blogging platform, without the plaintiff's permission. The plaintiff sued for copyright infringement in May 2023.

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