China's Supreme Court drafts judicial documents clarifying copyright recognition rules for AI-generated works, with related cases increasing by 25.6% annually

Gate News Report, March 10 — Li Jian, the head of the Civil Trial Third Division of China’s Supreme People’s Court, revealed today that the Supreme Court is drafting relevant judicial policy documents aimed at clarifying two core issues: the criteria for determining the originality of AI-generated content and the legal nature of using others’ works for data training in large models. Currently, Chinese copyright law does not have detailed provisions regarding copyright protection for content generated by AI. Li Jian cited the so-called “Ultraman Case,” considered the first infringement case involving domestic AIGC, as an example. In this case, an AI painting platform was found to have long-standing infringement issues with numerous Ultraman images. In September 2024, the court ruled in the first instance that the platform cease infringement and pay 30,000 yuan in damages, clarifying that AI service providers should bear secondary liability for user infringements under specific circumstances. Li Jian stated that courts emphasize that service providers’ duty of care should align with their information management capabilities. Generative AI services are only subject to legal regulation when they violate the principles of good faith or disrupt market competition, thus leaving room for industry development. Tao Kaiyuan, Vice President of the Supreme Court, also said on March 5 that efforts are underway to draft judicial policy documents related to AI and data property rights, noting that “judges find it difficult to make rulings simply by matching current laws.” In 2024, courts at all levels accepted 908 cases involving data ownership and transaction disputes, a 25.6% increase year over year.