Sheppard Mullin Richter & Hampton LLP - Keith Kelly and Zach Dai, Lexology; Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States
"In a decision issued[1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications."
Aaron Wininger of Schwegman, Lundberg & Woessner, P.A., The National Law Review; Beijing Internet Court Recognizes Copyright in AI-Generated Images
"On November 27, 2023 the Beijing Internet Court issued a decision recognizing copyright in AI-generated images. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” and reflected a human’s original intellectual investment and should be recognized as works and protected by copyright law. This is the opposite of the decision reached by the U.S. Copyright Office in Zarya of the Dawn (Registration # VAu001480196) that did not recognize copyright in AI-generated images. Note this Beijing case is also different from the recent Thaler v. Perlmutter decision (Civil Action No. 22-1564 (BAH)) because Thaler was trying to recognize the AI as the author and not the person using the AI as a tool as author."
Cat Zakrzewski, The Washington Post; Top tech firms sign White House pledge to identify AI-generated images
"The White House on Friday announced that seven of the most influential companies building artificial intelligence have agreed to a voluntary pledge to mitigate the risks of the emerging technology, escalating the Biden administration’s involvement in the growing debate over AI regulation.]
The companies — which include Google, Amazon, Microsoft, Meta and Chat GPT-maker OpenAI — vowed to allow independent security experts to test their systems before they are released to the public and committed to sharing data about the safety of their systems with the government and academics.
The firms also pledged to develop systems to alert the public when an image, video or text is created by artificial intelligence, a method known as “watermarking.”
In addition to the tech giants, several newer businesses at the forefront of AI development signed the pledge, including Anthropic and Inflection. (Amazon founder Jeff Bezos owns The Washington Post. Interim CEO Patty Stonesifer sits on Amazon’s board.)"
Kevin Roose, The New York Times ; A.I.-Generated Art Is Already Transforming Creative Work
"These programs use what’s known as “generative A.I.,” a type of A.I. that was popularized several years ago with the release of text-generating tools like GPT-3 but has since expanded into images, audio and video.
It’s still too early to tell whether this new wave of apps will end up costing artists and illustrators their jobs. What seems clear, though, is that these tools are already being put to use in creative industries."
