Are you feeling the Christmas mood? Right before the winter vacation we are out with the last number of GossIP for this 2023, disclosing some remarkable IP cases in China.
The first article deals with the first judgement about a photo generated by an Artificial Intelligence. Whilst a recent decision in USA declared uncopyrightable the art made by AI due to lack of authorship, China goes in the opposite direction. Read the article to understand the sentence!
And about this topic, we wrote something few months ago which basically predicted this sentence... you can find it right before the last contribution.
Another case refers to a trademark infringement which has been punished with a huge damage compensation, confirming the severity of Chinese courts for bad faith and unfair competition violations.
This direction is confirmed by another 2 sentences released by Shanghai People's Court: in the first, the defendant has been condemned to 4.5 years in prison plus a fine of 2 million RMB for counterfeiting Australian "Anchor" and "Fonterra" trademarks. In the second (analyzed in the last article), the Shanghai Court upheld the three-year sentence and RMB 100,000 fine for Bordeaux counterfeiters.
You might have heard about the Rule of Law in relation to foreign affairs in China: which is a long-term need to promote a high level of opening to the outside world. We deep in the news!
In China, the Barbie-movie was a big hit that was applauded for female empowerment. It also brought pink outfits on the streets. But what about the copyright of its main characters?
Hoping that you like this last GossIP issue, we send you our best wishes for a very sweet Christmas and a New Year full of joy.
Download: GossIP_December_2023.pdf (hfgip.com)
For the first time AI Generated Photo gets Copyright in China
In recent days, Beijing Internet Court released its decision relating to an infringement claim against an AI generated photo, confirming the copyrightability of the AI generated photo, and therefore ruling for infringement.
Taking aside the fact that the photo is generated by AI, the case is simple: the plaintiff, Mr Li, used the AI software Stable Diffusion to generate a photo by entering keywords and published it on his account of Little Red Book, a notorious social media in China.
One week later, he found that this exact photo was used as an insert of the article by another person (the defendant in the court case), without authorization, on its Baijiahao Account (another Chinese social media). Therefore, the plaintiff initiated the copyright infringement claim.
During the litigation, the plaintiff described the tools he used and made a detailed demonstration of the process for generating the photo, specifically:
- Stable Diffusion Aki 4.2 (the version of the Stable Diffusion Open source in the package developed by an individual named Aki);
- Two models developed specifically for generating Asian Females (published by a Bilibili user named K43), using "AsiaFacemix-pruned-fix.safetensors", "lora[1]hanfugirl-v1-5.safetensors";
- Below process were further developed / setup by the plaintiff to "create" the work at issue:
a ) Around 20 keywords for Prompt: ultra[1]photorealistic: 1.3), extremely high quality highdetail RAW color photo, in locations, Japan idol, highly detailed symmetrical attractive face, angular symmetrical face, perfect skin, skin pores, dreamy black eyes, reddish-brown plaits hairs, uniform, long legs, thighhighs, soft focus, (film grain, vivid colors, Film emulation, kodak gold portra 100, 35mm, canon50 f1,2), Lens Flare, Golden Hour, HD, Cinematic, Beautiful Dynamic Lighting
b) Around 120 keywords were used for Negative Prompt: ((3d, render, cg, painting, drawing, cartoon, anime, comic:1,2)), bad anatomy, bad hands, text, error, missing fingers, extra digit, fewer digits, cropped, worst quality, signature, watermark, username, blurry, artist name, (long body), bad anatomy, liquid body, malformed, mutated, bad proportions, uncoordinated body, unnatural body, disfigured, ugly, gross proportions, mutation, disfigured, deformed, (mutation), (child:1,2), b&w, fat, extra nipples, minimalistic, nsfw, lowres, bad anatomy, bad hands, text, error, missing fingers, extra digit, fewer digits, cropped, worst quality, low quality, normal quality, jpeg artifacts, signature, watermark, username, blurry, disfigured, kitsch, ugly, oversaturated, grain, low-res, deformed, disfigured, poorly drawn face, mutation, mutated, extra limb, ugly, poorly drawn hands, missing limb, floating limbs, Disconnected limbs, malformed hands, blur, out of focus, long neck, long body, ugly, disgusting, poorly drawn, childish, mutilated, mangled, old, surreal, text, b&w, monochrome, conjoined twins, multiple heads, extra legs, extra arms, meme, elongated, twisted, fingers, strabismus, heterochromia, closed eyes, blurred, watermark, wedding, group, dark skin, dark-skinned female, tattoos, nude, lowres, bad anatomy, bad hands, text, error, missing fingers, extra digit, fewer digits, cropped, worst quality, low quality, normal quality, jpeg artifacts, signature, watermark, username, blurry"
c) Set the Sampling Step as 33
d) Set the Height as 768
e) Set the CFG Scale as 9
f) Set the Seed as 2692150200
g) Set the weight for model "land-hanfugirl-v1-5. safetensors" in "Additional-Networks"
h) Modify the Seed as 2692150199
i) Add several keywords in Prompt: "shy, elegant, cute, lust, cool pose, teen, viewing at camera, masterpiece, best quality"
The newsletter was originally published on HFG Law& Intellectual Property website: https://www.hfgip.com/sites/default/files/media/document/GossIP_December_2023.pdf
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.
