01
Factual background & dispute
- The plaintiff generated an image using a generative artificial intelligence tool and published it on an online platform.
- The defendant used the disputed image in an article and removed the original attribution watermark, prompting the plaintiff to file a lawsuit.
- The court examined the prompts, parameter settings, modification process, publication records, and the alleged infringing use.
02
Core issues & judicial focus
- Whether an AI-generated image qualifies as a work protected under copyright law
- How human input during generation affects authorship determination
- What legal liabilities arise from reprinting content and removing attribution
03
Judicial finding & holding
- The disputed image satisfied the originality requirement.
- The model lacked legal personality; the human contribution in this specific generation process supported the finding of authorship.
- The court ordered a public apology and RMB 500 in damages for infringement of the attribution and information-network dissemination rights, and dismissed the remaining claims.
04
Practical risk implications
01Maintain records of prompts, parameters, model versions, generation batches, and manual modifications.
02Verify material sources, model licenses, and similarity risks before commercializing generated content.
03Platforms and content teams should preserve attribution and publication metadata.