The landmark judgment in Jiangsu Provinces first AI-generated content copyright infringement case has established a crucial judicial precedent for protecting AI-generated content (AIGC). Plaintiff Lin Chen created the artwork "Heart Companion" using Midjourney software, with multiple adjustments to prompts and detailed modifications in Photoshop, ultimately producing a creative piece depicting a half-hearted balloon by the Huangpu River at night. Lin registered the artwork as a fine art piece with the National Copyright Administration in April 2023. However, he later discovered unauthorized distribution of highly similar images by a Hangzhou tech company on social media, and a Changshu real estate developer had even converted the concept a commercial installation. Lin subsequently filed a lawsuit demanding both defendants cease infringement and pay 500,000 yuan in damages.
During the trial, the defendant Hangzhou Company argued that the heart-shaped design in the disputed images constituted a common geometric pattern lacking originality, and contended that the plaintiffs claimed compensation amount was unreasonable. Changshu Real Estate Company emphasized that the physical installation and floor plan did not demonstrate substantial similarity, claiming the design originated from a third-party advertising agency but failed to provide relevant contractual evidence. The court reviewed and found that during the creative process, the plaintiff adjusted the balloons size, quantity, and shape through customized prompts and manual image editing, demonstrating original intellectual investment. Additionally, the Midjourney user agreement explicitly states that generated content rights belong to users, further strengthening the plaintiffs legal basis. Although the defendants published images differed from the original in aspect ratio and background details, the core design of "half a heart floating on water" remained highly consistent, constituting substantial similarity. Therefore, the court determined that the online dissemination infringed the plaintiffs rights to information network dissemination and authorship rights.
However, the court dismissed the plaintiffs claim regarding the infringement of physical installations. The judge clarified that the copyright of "Banxin" only covers registered two-dimensional artworks, while the physical installation design constitutes three-dimensional artistic expression. Given the overly simplistic semi-heart-shaped design and the existence of numerous prior precedents, the design itself lacked originality. Therefore, the defendants creation of a three-dimensional installation based on the same concept did not constitute reproduction from two-dimensional to three-dimensional form. The final judgment ordered both defendants to issue public apologies on social media for three consecutive days and compensate for economic losses and reasonable expenses totaling 10,000 yuan, but did not support the claims related to the physical installation.
This landmark case established a dual recognition standard of "process control + result originality" for the first time in judicial practice, emphasizing that AI users creative control through prompt adjustments and post-processing can elevate them to legal "authors". The ruling not only fills the legal gap in AIGC copyright protection but also balances technological innovation with rights protection: it stimulates industrial vitality by recognizing AI tools creative value while preventing copyright abuse through defined rights scope, providing an actionable judicial paradigm for human-machine collaborative creation in the digital era. Sun Ping, an expert from East China University of Political Science and Law, commented that this adjudication logic accurately captures generative AIs need to reshape legal rules, addressing dual challenges of technological ethics and industrial development through a dynamic rights allocation mechanism.
