AI-Generated Art Can Be Copyrighted: Company Fined 4,000 RMB for Infringement

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A Wuhan-based company was recently ordered to pay 4,000 RMB in damages for infringing on AI-generated artwork created by Wang.

During the holiday break, Putui IP expert Lao Yang researched text-to-image systems, following his earlier analysis: “Who Owns Copyright for AI-Generated Images? Is It Infringement?” As an intellectual property professional, Yang focuses on applications and copyright risks of AI art.


Ownership Models for AI Image Tools

  1. Platforms & Deployment Methods
    • Membership Platforms (e.g., Midjourney): Common globally.
    • Local Deployment: Open-source models (e.g., Stable Diffusion, FLUX.1) for computers/mobile. Hardware limitations may apply.
    • API Integration: Third-party APIs offer cost efficiency (e.g., fractions of a cent per image). Some base models are free.
    • Yang has tested most options and developed an “AI Logo Generator” tool via API.
  2. Copyright Ownership
    • Local Deployment: Highest user ownership.
    • API/Platforms:
      • Non-members get watermarked images; members remove watermarks.
      • Ownership typically shared between creator and platform.
    • Complex AI Art: Eligible for copyright registration. High-quality outputs often require dozens of iterations. Unauthorized use constitutes infringement.

Industry Impact
Small businesses previously avoided images due to infringement risks and high penalties. Now, AI-generated art is safely used in:

  • Social media posts (WeChat/Weibo)
  • Official accounts
  • Video thumbnails
  • Design/e-commerce applications.