Ownership of Copyright in AIGC Text-to-Image Works—A Case Study of the “Spring Breeze Case”

Abstract

With the in-depth application of Generative Artificial Intelligence (AIGC) technology in the field of image creation, disputes over the ownership of copyright in text-to-image generated works have become a cutting-edge issue in intellectual property rights. Combining China’s first copyright dispute case involving AIGC text-to-image works (the “Spring Breeze Case”) and the adjudication rules of similar cases, this paper explores the core legal principles and practical issues of copyright protection for AIGC text-to-image works from four dimensions: the determination of work attributes, the analysis of copyright ownership subjects, the definition of infringement acts, and the construction of protection paths. The determination of copyright ownership for AIGC text-to-image works should return to the statutory core elements of originality and intellectual achievement. Natural person users, as technical practitioners, should be identified as copyright holders on the premise that the constituent elements of a work are satisfied. Meanwhile, a full-chain protection system for the copyright of AIGC text-to-image works should be constructed through multiple paths including legislative improvement, strengthened supervision, judicial unification, and enhanced burden of proof capacity of right holders.