The plaintiff, "Dong Erqian," used the AI model Stable Diffusion to generate an image and posted it on Xiaohongshu. The defendant, "I Am the Dawn," published the image as a配图 for their original poetry without authorization. The Beijing Internet Court's first instance ruled that the defendant had infringed upon the plaintiff's rights. The court found that the plaintiff had engaged in creative design through the use of prompt words, demonstrating intellectual investment and aesthetic choices, and thus the image should be protected by copyright. Unlike the situation in Anglo-American law where AI can obtain independent copyright, this case indicates that Chinese courts still view AI as merely a tool for human creation.
Results of AI Artwork Counted as Human Achievements, First Case of AI Image Infringement Ruling

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