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

Author(s)

Zixi Chen

Affiliation(s)

School of Law and Politics, Guangdong Ocean University, Zhanjiang, Guangdong, China

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.

Keywords

AIGC Text-To-Image Works; Copyright Ownership; Originality; Intellectual Achievement

References

[1] Beijing Internet Court. Li v. Liu on Infringement of the Right of Authorship and the Right of Information Network Dissemination of Works (2023) Jing 0491 Min Chu No.11279 [EB/OL]. Beijing: Beijing Internet Court, 2023. [2] The Standing Committee of the National People’s Congress of the People’s Republic of China. Copyright Law of the People’s Republic of China [Z]. 2020. [3] Li Y, Xing H T. On the Characterization of AI-Generated Content in the Copyright Law [J]. China Copyright, 2024(5):6. [4] Liu Y L. On the Copyright Law Status of AI Works [J]. Politics and Law, 2020(3):3. [5] Wang Q. On the Characterization of AI-Generated Content in the Copyright Law [J]. Science of Law (Journal of Northwest University of Political Science and Law), 2017,35(5):150. [6] Suzhou Intermediate People’s Court of Jiangsu Province. Feng v. Dongshan Company on Infringement of Copyright and Unfair Competition (2024) Su 05 Min Chu No.9051 [EB/OL]. Suzhou: Suzhou Intermediate People’s Court, 2024. [7] Changshu People’s Court of Jiangsu Province. Lin v. Hangzhou Air Membrane Technology Co., Ltd. and Others on Copyright Ownership and Infringement Dispute (2024) Su 0581 Min Chu No.6697 [EB/OL]. Changshu: Changshu People’s Court, 2024. [8] Zhu G. Research on the Legal Attribute and Right Ownership of “AI Text-to-Image Works” [J]. Intellectual Property, 2024(1):31. [9] Gao Y. Regulation of Copyright Infringement in AI Training Data [J]. China Publishing Journal, 2024(15):12-18. [10] Liu X C. “Non-works Use” in Generative AI Data Training and Its Legitimacy Justification [J]. Legal Forum, 2024(3):67-78. [11] Zhang J Y, Wang S F. Research on Fair Use of Copyright in Large Model Data Training [J]. Journal of East China University of Political Science and Law, 2024(4):20-33. [12] Chu X, Zhou Y L. Improvement of Copyright Fair Use Rules Adapting to Generative AI Data Training [J]. China Publishing Journal, 2025(6):3-7. [13] Zhang T. Copyright Dilemmas and Adaptation Paths of Large AI Model Training [J]. Modern Law Science, 2025(2):189-208. [14] Niu B B. Research on the Fair Use Rule of Copyright in Generative AI Data Training [J]. Hebei Law Science, 2026(4):92-93. [15] Wang Q, Chu C. A Preliminary Study on the Boundary between Artificial Intelligence and Copyright: Legal Challenges and Reflections under Technological Progress [J]. China Editor, 2024(8):58. [16] Beijing No.2 Intermediate People’s Court. Li Peng v. Shi Zhongshan (2008) Er Zhong Min Zhong Zi No.02232 [EB/OL]. Beijing: Beijing No.2 Intermediate People’s Court, 2008. [17] Wu H D. Intellectual Property Law (7th Edition) [M]. Beijing: Law Press, 2023:128. [18] The Cyberspace Administration of China et al. Interim Measures for the Administration of Generative Artificial Intelligence Services [Z]. 2023.