Copyright Archives - China IP Case Updates

Beijing Internet Court: AI Face-Swapped Short Drama Infringed a Well-Known Actor’s Portrait Right (Judgment of 2026)

By Mengchun Zhang • October 6, 2026

Mengchun’s Comments This case addresses a new type of personality-rights dispute arising from the use of AI face-swapping technology in short-form video content. The Beijing Internet Court focused first on identifiability. The court held that an AI-generated or AI-modified image does not need to be identical to a person’s actual appearance. If the general public or a relevant group can […]

Beijing Internet Court: AI Face-Swapped Short Drama Infringed a Well-Known Actor’s Portrait Right (Judgment of 2026) More »

Changsha Court: A Structured Approach to Assessing the Copyrightability of AI-Generated Content in China (Judgment of August 5, 2026)

By Mengchun Zhang • September 27, 2026

Mengchun’s Comments This case provides a more structured approach to assessing the copyrightability of AI-generated content in China. The court divided the creation process into three stages: pre-generation conception, generation control, and post-generation editing. It then developed a three-part test for assessing originality at the generation-control stage. Compared with the earlier Zhangjiagang Court decision, this case takes the analysis a

Changsha Court: A Structured Approach to Assessing the Copyrightability of AI-Generated Content in China (Judgment of August 5, 2026) More »

Shanghai IP Court Further Clarifies the Boundaries of AI Platforms’ Duty of Care for Copyright Infringement (Judgment of April 29, 2026)

By Mengchun Zhang • August 2, 2026

Mengchun’s Comments In the first Chinese case involving copyright infringement conducted through a generative AI platform, the Hangzhou Internet Court held that the AI platform provider could be held liable for assisting infringement. The court emphasized that the platform’s fault should be assessed by considering factors including the nature of the service, the popularity of the work, the obviousness of

Shanghai IP Court Further Clarifies the Boundaries of AI Platforms’ Duty of Care for Copyright Infringement (Judgment of April 29, 2026) More »

Guangzhou Internet Court: AI Detection Reports Alone Cannot Establish That an Illustration Was AI-Generated (Judgment of 2026)

By Mengchun Zhang • July 11, 2026

The Guangzhou Internet Court held that AI detection reports may be admitted as evidence. However, because the underlying detection standards, algorithms, and methodologies remain largely undisclosed, such reports have only limited probative value and cannot, by themselves, establish that an image was AI-generated. Instead, AI detection reports must be corroborated by other evidence before a court may conclude that a disputed image is highly likely to have been generated by AI.

Guangzhou Internet Court: AI Detection Reports Alone Cannot Establish That an Illustration Was AI-Generated (Judgment of 2026) More »

Supreme People’s Court: Prima Facie Proof of Software Copyright Ownership and Burden Shifting in Infringement Cases (Judgment of December 26, 2025)

By Mengchun Zhang • March 25, 2026

For companies enforcing software copyrights in China: Courts do not require a complete and flawless record of the entire development process. A combination of a registration certificate, contracts, and version control records is generally sufficient to meet the evidentiary threshold.

Supreme People’s Court: Prima Facie Proof of Software Copyright Ownership and Burden Shifting in Infringement Cases (Judgment of December 26, 2025) More »

Jiangsu Zhangjiagang Court: AI-Generated Content Created Using Simple Prompts Does Not Constitute a Copyrightable Work (March 19, 2025 Ruling)

By Mengchun Zhang • August 7, 2025

Mengchun’s Comments:Several Chinese courts have recognized that AI-generated content may qualify for copyright protection, but only under two key conditions: (1) the creator must record and provide evidence of the creative process, and (2) the final output must demonstrate originality and individualized human input. This approach aligns with the fundamental principle of copyright law—protecting the intellectual contributions of natural persons.

Jiangsu Zhangjiagang Court: AI-Generated Content Created Using Simple Prompts Does Not Constitute a Copyrightable Work (March 19, 2025 Ruling) More »

Hangzhou Intermediate Court: The First Generative AI Platform Copyright Case in China: Ultraman v. Acgnai (Judgment as of December 30, 2024)

By Mengchun Zhang • March 8, 2025

Issue involved: Whether the provision of image-generation models by a generative artificial intelligence (AI) platform constitute infringement of the right of communication through information networks? Mengchun’s Comments: Summary of the First Instance Judgment: 1. Background Pic：A screenshot of uploading “Ultraman” images to train corresponding LoRA models by Users Pic: Images generated by the generative AI platform About LoRA: the core idea of LoRA

Hangzhou Intermediate Court: The First Generative AI Platform Copyright Case in China: Ultraman v. Acgnai (Judgment as of December 30, 2024) More »

The First Case on Copyright Infringement through IVI: Tencent v. IQIYI, Xpeng, et al. (2024, Ruled by Beijing Internet Court)

By Mengchun Zhang • December 10, 2024

Issue involved: This case marks the first dispute in China involving copyright infringement concerning the dissemination of works through an IVI (In-Vehicle Infotainment) system. The court addressed the emerging issue of liability determination for such infringements. This case has been selected as one of the “Top Ten Hot Copyright Cases of 2024 by AIPPI China,” one of the “Top Ten IP

The First Case on Copyright Infringement through IVI: Tencent v. IQIYI, Xpeng, et al. (2024, Ruled by Beijing Internet Court) More »