AI have no rights. Your AI creations are right-less. They belong in the public domain. If not, they are properties of the peoples whose art you stole to make the AI.
On the plus side, China also banned all AI content unless it is watermarked last year. So there isn't going to be a problem with people not being informed about what is and is not AI content. A significantly better position that prevents it from swamping human content because it's easy to filter out the AI works.
Absent any more philosophical arguments, the material result of this approach will be to give AI companies a lot more money, power and influence, and take away benefits of the technology from citizens both in China and the rest of the world.
Rough translation snippet from the WeChat post linked on Twitter:
On the determination of intellectual achievement: "From the plaintiff's conception of the picture in question to the final selection of the picture in question, the entire process, the plaintiff has made a certain amount of intellectual input, such as designing the presentation of the characters, choosing the prompt's wording, arranging the order of the prompt's words, setting up the relevant parameters, and selecting which picture is in line with the user's expectations, etc.". The picture in question reflects the plaintiff's intellectual input, so the picture in question has the element of "intellectual achievement"."
This honestly might actually make me need to remove China from my list of places I'd like to move to. I'd already be struggling as a foreign artist, but to have to compete with AIs stealing my art and copywriting the stolen art I just don't think I'd be able to survive there. It's already tough enough in the west, having even more pro-business/anti-artist laws over there would make it impossible to make a living.
Nah, AI is cool and at some point it will be good. There will soon come a time when any Chinese netizien could make their own marvel move and with a legal framework like this Hollywood will have no recourse
What is the difference between AI and MSPaint? Its all just digital tools to make images. Copyrights are dumb across the board but this is no more or less dumb.
machine learning is going to get so fucked up 3,5,10 years from now when it's all AI bubble body crap and there's nothing left to "learn" from
also, BIC is a sub-section of the courts system there. It's not Xi (the president, but it's not a single-rule monarchical dictatorship ffs), or the CCP as a whole, which is a MASSIVE beast.
It's like how USA has federal, state, family, work comp, veterans, etc. all different court systems. different from congress, executive, agencies, etc.
here's to hoping the legislative NPC steps in and tells the BIC to fuck off, unfortunately i wouldn't hold my breath tho :(
Judgment on the first case of copyright infringement of AI-generated images
knowledge center 2023-11-28 10:02 Posted on Zhejiang
Recently, the Beijing Internet Court involving artificial intelligence-generated images ( AI painting images) issued a first-instance judgment on a copyright infringement dispute AI-generated images . . It is reported that this case is the first copyright case in the field of
The plaintiff, Mr. Li, used AI to generate the pictures involved in the case and published them on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the pictures generated by the plaintiff's AI to accompany the article, and the plaintiff sued.
The trial held that the artificial intelligence-generated pictures ( AI painting pictures) involved in the case met the requirements of "originality" and reflected people's original intellectual investment. They should be recognized as works and protected by copyright law .
Image
Regarding the identification of intellectual achievements: “ From the time when the plaintiff conceived the picture involved in the case to the final selection of the picture involved, the plaintiff has made a certain amount of intellectual investment, such as designing the presentation of characters, selecting prompt words, and arranging The order of prompt words, setting relevant parameters, selecting which picture meets expectations, etc. The picture involved reflects the plaintiff’s intellectual investment, so the picture involved meets the requirements of “intellectual achievement.”
Regarding the determination of "originality": " The plaintiff designed the picture elements such as the characters and their presentation through prompt words, and set the picture layout and composition through parameters, which reflected the plaintiff's choice and arrangement. Another On the other hand, after the plaintiff obtained the first picture by inputting prompt words and setting relevant parameters, he continued to add prompt words, modify parameters, continuously adjust and modify, and finally obtained the picture involved. This adjustment and modification process also reflects the plaintiff’s Aesthetic choice and personality judgment... The pictures involved in the case are not "mechanical intellectual achievements." In the absence of contrary evidence, it can be determined that the pictures involved in the case were independently completed by the plaintiff and reflect the plaintiff's personalized expression. In summary, The pictures involved in the case meet the requirements of "originality".
Regarding the identification of works: "When people use artificial intelligence models to generate pictures...it is still essentially people using tools to create , that is, it is people who make intellectual investment in the entire creation process, not artificial intelligence models. Encourage Creation is recognized as the core purpose of the copyright system... Artificial intelligence-generated images, as long as they can reflect people's original intellectual investment, should be recognized as works and protected by copyright law ."
Regarding the identification of works of art: " The pictures involved in the case are graphic art works with aesthetic significance composed of lines and colors, and are works of art. At the same time, when the pictures involved in the case can be attributed to a specific type of work, the "other works clause" does not apply "Necessity of protection, it does not belong to "other intellectual achievements consistent with the characteristics of the work."
Regarding the determination of copyright: “The plaintiff is the person who directly set up the artificial intelligence model involved in the case as needed and finally selected the pictures involved. The pictures involved were directly generated based on the plaintiff’s intellectual investment and reflected the plaintiff’s personality. expression, so the plaintiff is the author of the pictures involved and enjoys the copyright of the pictures involved .”