[Case Review].
Wang used the open-source software Stable Diffusion to generate ** by entering prompt words, and then posted the ** on the social ** platform. Later, Wang found that when an account published an article, the picture involved in the case was used, without its permission, and its signature watermark was intercepted.
For this reason, Wang sued the thief in court, believing that the other party had seriously infringed on his right of authorship and information network dissemination, and demanded that he compensate for economic losses of 5,000 yuan and apologize. So are works created with AI protected by law?
[Hanji Lawyer on Law].
The focus of the litigation in this case is: whether the ** created through AI constitutes a work and can be protected by law; Whether the plaintiff enjoys the copyright of the first person involved in the case.
Although the ** in this case is generated by artificial intelligence, it is still the result of human intellectual investment, has a certain degree of "originality", and has a certain degree of individuality, and should be recognized as a work and protected by the copyright law. From the author's conception to the final selection of the goal, there is a certain amount of intellectual investment, such as the way of presentation, the selection of prompt words, the order of the prompt words, the setting of relevant parameters, the selection of goals, etc., all add to the author's personal aesthetic and personalized choice, not mechanical generation, with people's personalized expression. Therefore, the ** involved in the case has the element of "intellectual achievement".
Therefore, the defendant used the ** involved in the case as a picture and posted it in his account without permission, so that the public could obtain the ** involved in the case at a time and place of its choosing, which infringed the plaintiff's right to disseminate information on the information network involved in the case**.
[Hanji lawyer reminds].
Link to the law: Copyright Law
Article 3: "Works" as used in this Law refers to intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form, including: (1) literary works; (2) oral works; (3) **Drama, opera, dance, acrobatic artworks; (4) Works of fine arts and architecture; (5) Photographic works; (6) audiovisual works; (7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) computer software; (9) Other intellectual achievements that conform to the characteristics of the work.
Article 11: Copyrights belong to the author, except as otherwise provided by this Law. The natural person who creates the work is the author.
Regulations for the Implementation of the Copyright Law
Article 3: "Creation" as used in the Copyright Law refers to intellectual activities that directly produce literary, artistic, and scientific works.
Organizing work for the creation of others, providing advice, material conditions, or other auxiliary work is not considered to be a creation.