VERITY TOWNSEND, IGN ; Japan Police Accuse Man of Unauthorized Use of AI-Generated Image in Landmark Copyright Case
"Police in Japan have accused a man of unauthorized reproduction of an AI-generated image. This is believed to be the first ever legal case in Japan where an AI-generated image has been treated as a copyrighted work under the country’s Copyright Act.
According to the Yomiuri Shimbun and spotted by Dexerto, the case relates to an AI-generated image created using Stable Diffusion back in 2024 by a man in his 20s from Japan’s Chiba prefecture. This image was then allegedly reused without permission by a 27-year-old man (also from Chiba) for the cover of his commercially-available book.
The original creator of the image told the Yomiuri Shimbun that he had used over 20,000 prompts to generate the final picture. The police allege that the creator had sufficient involvement in the AI image’s creation, and the matter has been referred to the Chiba District Public Prosecutors Office.
Japan’s Copyright Act defines a copyrighted work as a “creatively produced expression of thoughts or sentiments that falls within the literary, academic, artistic, or musical domain.” In regard to whether an AI-generated image can be copyrighted or not, the Agency of Cultural Affairs has stated that an AI image generated with no instructions or very basic instructions from a human is not a “creatively produced expression of thoughts or sentiments” and therefore not considered to meet the requirements to be copyrighted work.
However, if a person has used AI as a tool to creatively express thoughts or feelings, the AI-generated output might be considered a copyrighted work. This is to be decided on a case-by-case basis. The process behind the creation of the specific AI-generated image has to be looked at in order to determine whether it can be considered to be creative enough to be termed a copyrighted work. Key criteria are the amount of detailed prompts, the refining of instructions over repeated generation attempts, and creative selections or changes to outputs."
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