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China’s first AI copyright lawsuit damages 90,000 won… Plaintiff: “I won’t accept it”

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A drawing created by Li Yunkai using AI. Screenshot from Weibo, China.

The plaintiff who won the first copyright lawsuit against an AI-drawn painting in China announced that he would not receive compensation.

According to China’s Fengpai Newspaper on the 11th, plaintiff Li Yunkai, who filed a copyright infringement lawsuit against an AI painting, recently decided not to receive 500 yuan (about 92,000 won) in compensation.

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This case, China’s first AI picture copyright lawsuit, received such great attention in China that it was selected as one of China’s top 10 rule of law news stories last year.

In February of last year, Li Yunkai created a photo titled ‘Spring breeze presents softness’ using stable diffusion and posted it on social media Xiaohongshu. In March of the same year, Mr. Ryu, who runs a one-person media company, posted the photo under the name ‘March’s Love is Under the Peach Blossoms’ on the platform he runs.

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Accordingly, Li Yunkai filed a lawsuit in May, alleging that the other party posted a photo he had made without citing the source, infringing on his copyright and network propagation rights.

Li Yunkai demanded that Mr. Liu publicly apologize and pay 5,000 yuan in economic compensation because commands that reflected his originality, such as suggestions and keywords, were input to create a picture with generative AI.

The court ruled in favor of plaintiff Li Yunkai. The court ruled that the defendant must issue an official apology to Li Yunkai and pay compensation of 500 yuan. The creative rights for photos produced using generative AI were recognized. However, the court explains that this is not applied uniformly and must be decided on a case-by-case basis. The defendant stated that he would not appeal.

In this regard, Li Yunkai announced that he had decided not to receive compensation. Mr. Lee said, “Regardless of whether the defendant appeals or not, the purpose (of filing the lawsuit) has already been achieved.”

Regarding this lawsuit, the industry agrees that discussions related to the copyright of AI works are continuously needed. Only then can it have a positive impact on industrial development.

Guo Hua, a law professor at Renmin University of China and vice president of the Intellectual Property Law Research Society of the Chinese Law Society, told Fengpai, “In the process of deriving a work using an AI tool, we were able to receive protection under copyright law by entering commands manually,” and added, “This ruling will help in the future.” “It will be an important reference in AI-related cases.”

However, Yao Zhiwei, a law professor at Guangdong University of Finance and Economics, said, “This ruling could be the first case in the world that recognizes the properties of AI creative works,” adding, “However, if human creation and machine creation are protected equally, it will also be a burden on human creation. He expressed a negative opinion, saying, “It will be possible.”

(Beijing = News 1)

Source: Donga

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