SCLA v AI Company Guangzhou Internet Court 02082024 with English Translation
This is the opinion rendered by the Guangzhou Internet Court on February 8, 2024 in the case of Shanghai Character License Administrative Co (SCLA). v. AI Company, Case Number (2024) Yue 0192 Min Chu No. 113, with both the original text in Chinese, and a translation in English. The case concerns SCLA's claim of infringement of the copyright in the character Ultraman by AI Company as the operator of a text-to-image generative AI service that would, when prompted with text such as the name of the character or associated expressions, produce graphic images that were substantially similar to one or more versions of the Ultraman character. The court holds that the defendant AI company is liable for copyright infringement, in what is possibly the first case ever to hold the operator of a generative AI service directly liable for copyright infringement.Under Article 5(1) of the Copyright Law of the People's Republic of China, the judicial opinion in its original form is not protected by copyright. The authors of the English translation are releasing the translation under a Creative Commons "CC-BY" license, https://creativecommons.org/licenses/by/4.0/, which means that anyone is free to use it for any purpose so long as they give appropriate credit to the authors.
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