Source: TFL
A Chinese court has decided what is being called the nation’s first copyright infringement case over artificial intelligence (“AI”)-generated outputs and the first to apply novel AI-specific regulations enacted in China last year. In a decision dated February 8, the Guangzhou Internet Court found that the unnamed operator of an AI-powered text-to-image generator in China is liable for infringing works from the Japanese science fiction media franchise, Ultraman, by enabling users to generate “identical or substantially similar” images those from Tsuburaya Productions Co., Ltd.’s series via text prompts.
Shanghai Character License Administrative Co., Ltd. (“SCLA”), which licenses the Ultraman IP in China from Tsuburaya Productions, filed suit with the Guangzhou Internet Court in December 2023, alleging that the generative AI platform provider defendant had run afoul of its exclusive rights to use, reproduce, create derivative works, etc. based on images from the Ultraman franchise. SCLA argued that the defendant’s AI-powered platform allows users to create lookalike imagery, and thus, set out copyright infringement-centric claims.
In its defense, the defendant argued that it was not responsible for training the AI model at issue, which it acquired from a third-party provider, and thus, should be shielded from liability. The defendant also alerted the court that it had implemented measures to limit the potential for infringing outputs, such as by blocking the use of various Ultraman-related keywords.
Read full article: https://www.thefashionlaw.com/chinese-court-takes-on-first-copyright-case-against-generative-ai-platform/
