人工智能生成物（AIGC）独创性判断标准——以文生图模式为例

Core Viewpoint - The article discusses the copyrightability and originality standards of AI-generated content (AIGC), particularly focusing on the "text-to-image" model, highlighting recent legal cases that illustrate varying judicial interpretations of these standards [1][6][9]. Group 1: Legal Cases Overview - In the "Spring Breeze Brings Gentle Warmth" case, the court recognized the AI-generated image as a work protected by copyright, affirming the author's rights based on their intellectual input in the creation process [3]. - The "Accompanying Heart" case also supported the author's claim to copyright, emphasizing the originality in the arrangement and selection of elements in the artwork [4]. - Conversely, in the "Transparent Art Chair" case, the court ruled that the AI-generated image lacked sufficient originality to qualify for copyright protection, as the plaintiff could not demonstrate substantial personal contribution to the creation process [5]. Group 2: Copyrightability of AIGC - The article notes that AI tools like Stable Diffusion and Midjourney enhance the efficiency of image creation but raise questions about whether AIGC should be recognized as works under copyright law [6][8]. - Scholars argue that the unpredictability of AI-generated content complicates the attribution of authorship and originality, suggesting that the final output is primarily determined by the AI's algorithms and training data [6][10]. Group 3: Judicial Perspectives on Originality - Chinese courts have adopted a more inclusive approach towards AIGC, allowing for copyright protection if the author demonstrates unique choices in the creation process [7][11]. - The article contrasts this with the stricter standards applied by the U.S. Copyright Office, which requires a higher level of human intellectual contribution to qualify for copyright [10][11]. Group 4: Recommendations for AIGC Authors - To enhance the likelihood of copyright protection, AIGC authors are advised to maintain detailed records of their creative process, including prompt designs and iterative modifications [16]. - Authors should focus on selecting unique prompts and making substantial adjustments to the AI-generated outputs to reflect their personal artistic choices [16][17].