With the extensive adoption of AI-powered tools, copyrighted content is increasingly being used to train large language models (LLMs). Whether this qualifies as fair use is a hotly debated topic around the world.

The Chinese courts have established a framework of rules for the copyright and personality rights protection of AI-generated works through several crucial decisions. While ownership and infringement challenges persist, these rulings are valuable for addressing IP challenges brought about by generative AI.

This portrait is not a photograph, and the girl displayed in the portrait does not exist. It was created by Stable Diffusion – open-source software – under the guidance of Li Yunkai, who then published the portrait on the Internet. When the defendant Liu Yuanchun posted an article using the portrait without Li Yunkai’s authorisation, he sued her before the Beijing Internet Court. On 17 November 2023, the Beijing Internet Court ruled in favour of the plaintiff.