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In China, computer software is automatically protected under the Copyright Law upon its creation. This protection extends to both computer programs and their associated documentation. However, voluntarily registering software with the Copyright Protection Center of China (CPCC) offers several significant advantages, especially when it comes to enforcement and verifying ownership.
Why register software copyright in China?
While copyright protection is automatic, registration provides:
Prima facie evidence – a registration certificate serves as strong proof of ownership in disputes, reducing the burden of evidence (often costly particularly for foreign entities).
Enforcement leverage – it simplifies administrative actions, litigation and takedown requests on platforms, which often require proof of rights.
App store compliance – a software copyright certificate is mandatory for publishing mobile apps and game software on Chinese app stores.
Tax and financial benefits – for Chinese domestic companies, registered software may qualify for tax exemptions, such as business tax relief. Additionally, software copyright can be valued as a high-tech asset, enhancing investment opportunities.
The registration process is straightforward, requiring only basic application materials and undergoing formal examination. If the documents are complete and compliant, authorisation is typically granted within one to two months, with no official fees involved.
Eligible software for registration
The following categories of software could be recorded, provided the code is original and capable of running on a computer:
application software includes office systems, educational software, e-commerce platforms, mobile apps and mini programs;
system software encompasses operating systems, database management systems and other foundational software;
front-end and back-end web code covers H5 pages, mini-program code and back-end management systems;
tool scripts and plugins include photoshop plugins, automation tool scripts and other utility tools; and
embedded software comprises systems for smart hardware, IOT device control programs and related firmware.
Key considerations
Software upgrades
Updates that add new features with limited changes to the original code, without significantly altering functionality or performance, can be registered at the applicant's discretion, and major version upgrades – significant revisions or cumulative changes exceeding 50% of the original software, resulting in substantial functional or performance improvements – necessitate a new registration as they may fall outside the scope of the original copyright.
Code submission requirements
When registering software for copyright, it is necessary to submit the first and last 30 consecutive pages of the source code (or the entire code if it is under 60 pages). Each page must contain at least 50 lines of text and should include the software name and version number in the header, as well as page numbers on the right-hand side.
For code that exceeds 3,000 lines, up to 3,000 lines should be selected for submission; if the code contains 3,000 lines or fewer, all lines should be submitted. While sensitive sections can be redacted to protect confidentiality, it is generally not advised. Whether the source code is copied is a critical factor in determining software copyright infringement, and this can be demonstrated through various means, such as direct proof (eg, CPCC evaluation of the source code) and indirect proof. It is recommended to submit the essential sections of the code when recording software copyright, as this will greatly assist the CPCC in evaluating and comparing it with the suspected infringing software, if necessary.
System specifications
This document should detail the software's functionality, implementation methods and operation process. The specifications must include text description accompanied by screenshots of each step. The software name displayed in the screenshots must match the one to be recorded exactly, and no alterations or erased markings are allowed in the screenshots. Each page should contain at least 30 lines of text.
AI-generated works
Two landmark cases in China's judicial practice address whether AI-generated content (AIGC) qualifies as a 'work' protected under the Copyright Law. These cases may be relevant for software involving AI tools. However, there remains a lack of clear guidance regarding purely autonomous AI outputs. If a software incorporates AI, human intervention must be documented to secure copyright protection.
Case 1. Beijing 2023, Beijing Internet Court
Background
The plaintiff, an individual, used the open-source Stable Diffusion model to generate an image by selecting a model, designing prompts and iteratively adjusting parameters such as random seed and style settings (JING0491MINCHU11279). The resulting image depicted a half-body portrait of a woman in traditional white attire with a long braid and a gentle expression. On 26 February 2023, the plaintiff posted the image on Little Red Book, titling it "The Gentle Breeze of Spring" with tags like "#AIIllustration #AIPainting #Portrait #Girl #Spring #Beauty", garnering significant engagement.
On 2 March 2023, the defendant, another individual, published a poem titled "Love in March, Amid Peach Blossoms" using the plaintiff's image without permission and removing the watermark, misleading users to believe he was the creator.
Court opinion
The court determined that AIGC constitutes a work when it embodies human intellectual effort. The plaintiff's process – selecting the model, crafting prompts to define the character's appearance and adjusting parameters to shape the layout – demonstrated human choice and arrangement. Subsequent refinements reflected aesthetic judgement and personal expression, distinguishing the work from mere "mechanical output". The image, a visually appealing planar artwork composed of lines and colours, qualified as a fine art work under article 3 of the China Copyright Law, possessing originality and meriting copyright protection. The court recognised the plaintiff as holding full authorship rights and ultimately decided that the defendant's actions violated the plaintiff's authorship and dissemination rights under articles 10 and 48 of the Copyright Law.
Case 2. Wuhan 2024
Background
The plaintiff, an individual and AIGC creator, used an AI application on 17 May 2024 to generate an image by inputting creative requirements. This included conceptualising the scene, writing and refining keywords, and setting style parameters. The image was posted on Little Red Book, where it garnered significant attention: 35,000 likes, over 6,000 saves and more than 660 comments. On 20 June 2024, the plaintiff discovered that the defendant, a company based in Wuhan, had used an identical image in a Douyin (TikTok) advertisement for an AI painting course without authorisation. The plaintiff claims that the defendant's unauthorised use of the AI-generated image constituted copyright infringement.
Court opinion
The court emphasised that the copyrightability of AIGC depends on the extent of human intellectual contribution. The image's presentation had a 'mapping relationship' with the plaintiff's inputs – such as keywords, aesthetic choices and adjustments – demonstrating creative conception and personalised selection. These efforts embodied the plaintiff's intellectual labour, rendering the image a unique expression with aesthetic significance. As a result, the image qualifies as a fine art work under article 3 of the Copyright Law, despite being executed by AI. The court decided that the defendant's direct copying for commercial advertising infringed upon the plaintiff's rights of information network dissemination and authorship over this work.
While no proper precedents address AIGC copyright, these cases highlight the courts' core concern: human creative intellectual contribution. For AIGC to be copyrightable, it must reflect human creativity through unique expression, even if produced via algorithms.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
