China · Beijing · Copyright

Beijing AI Text-to-Image Case

The court found the disputed image reflected the user’s intellectual input and individual expression, considering prompts, parameter adjustments and the generation process. Protection depended on the specific human contribution in this case; the decision does not make every AI-generated image copyrightable.

Court or tribunal
Beijing Internet Court
Representative decision date
27 November 2023
Procedural status
Effective first-instance judgment
Case number
(2023)京0491民初11279号

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

  1. Whether an AI-generated image qualifies as a work protected under copyright law
  2. How human input during generation affects authorship determination
  3. 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.

Decisions and ordersFull judgments, orders and tribunal decisions1 document

PROJECT ENQUIRY

How does this precedent affect your product or litigation?

Consult with our practice team →