Shulou(Shulou.com)11/24 Report--

CTOnews.com, August 28 (Xinhua) according to an official account of the Beijing Internet Court, the Beijing Internet Court recently held a public hearing on the copyright case of "AI Wensheng Picture" in accordance with the law, which is the first case involving "AI Wensheng Picture" in China.

CTOnews.com learned from the official account that the trial process of the case was broadcast live by the Central Radio and Television Information Center. Professor Cui Guobin, director of the intellectual property Law Research Center of Tsinghua University Law School, and Huang Yingyuan, a computer image algorithm engineer, discussed the technical and legal issues involved in generating AI content as program guests. The program is broadcast live simultaneously on CCTV news client, new media platform and Beijing Internet Court official Douyin account, Kuaishou account and video number.

▲ source Beijing Internet Court official account in this case, plaintiff Li Mou used the Stable Diffusion model to generate a picture of a character by entering prompts, and then posted the picture on an online platform under the name of "gentle spring breeze." The defendant Liu posted the picture as a picture of the article on his personal account. Li sued Liu to the Beijing Internet Court on the grounds of infringing upon the right of authorship of the work and the right of information network dissemination.

▲ source Beijing Internet Court official account it is reported that the two parties launched a heated debate at the trial site.

Does the picture involved constitute a work? If it constitutes a work, does Li enjoy the copyright in the picture? Does Liu's use of pictures infringe upon the right of signature and the right to disseminate information on the Internet? If the tort is established, how should Liu bear the responsibility?

The plaintiff Li Mou believes that the selection of the model, the input of prompt words and reverse prompt words, and the setting of generation parameters can all reflect his original intellectual work, and the pictures involved in the case are original. The defendant Liu Mou did not obtain the permission of the plaintiff Li Mou and intercepted Li's signature watermark on a certain network platform, which made the relevant users mistakenly think that Liu Mou was the author of the work. Li's right of signature and the right of information network dissemination were seriously violated, and Li's economic losses should be compensated and an apology should be made to eliminate the impact.

Defendant Liu Mou argued that the main content of the article he published was original poems rather than pictures involved in the case, which had no commercial use and had no intention of infringement; the pictures involved were obtained through network retrieval, and the specific source could no longer be provided, and it was not sure whether Li had the right to the picture involved when using it.

The case is still under further trial, and the results of the trial are expected to be announced in the near future.

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