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- This case, dating from 2018-2019, laid the groundwork for defining protectable content. The text was deemed protectable, while the visualizations were denied protection, highlighting the distinction between demonstrable human contributions and automated representations. The “Tencent Dreamwriter” Case
- Jiangsu and the Butterfly Chair Case
- Beyond 2025, China is expected to continue adapting its legal framework in response to the rise of AI technologies. The emphasis on demonstrating human originality and the importance of proof of creation marks a turning point in the way copyright is conceived, reflecting a balance between technological innovation and the protection of intellectual property rights.
The digital transformation influenced by artificial intelligence (AI) has sparked complex discussions around copyright law, particularly in China. Between 2018 and 2025, a series of notable legal decisions marked the evolution of Chinese case law in this area. Experts in the field, Jean Albert and David Tian, analyze these decisions, revealing how AI has become an essential infrastructure for content production. These decisions revolve around the need to protect human intellectual contributions, determine attribution, and ensure compliance within a framework designed to evolve and guarantee informational stability. The cases examined demonstrate how the Chinese legal system is adapting to this new era of creation. Between 2018 and 2025, China saw the emergence of a body of case law in response to the rise of Artificial Intelligence (AI) and its capacity to create content. Jean Albert and David Tian explored these landmark decisions that are pushing for a redefinition of copyright in a context where the line between human and machine contributions is blurring. This article examines the key decisions that have shaped the Chinese legal landscape regarding AI-generated content, illustrating China’s unique approach to protecting works produced by automated processes. The Transformation Towards a Creative Society The evolution of AI has enabled an exponential increase in creative content, shifting the creative process from manual execution to a form of artistic direction where selection and assembly play a key role. This transformation is reminiscent of the impact of photography in the 19th century, forcing a redefinition of copyright law, distinguishing personal expression from standardized production resulting from a mechanism.Regulations and Legal Framework in China
Faced with this revolution, China quickly implemented regulations to govern emerging technologies. In 2023, the « Interim Measures » for the management of generative AI services required platforms to manage risks and compliance. Simultaneously, provisions for « deep synthesis » technologies were introduced to regulate the manipulation of content such as deepfakes. The « Big Data Film v. Baidu » Case
This case, dating from 2018-2019, laid the groundwork for defining protectable content. The text was deemed protectable, while the visualizations were denied protection, highlighting the distinction between demonstrable human contributions and automated representations. The “Tencent Dreamwriter” Case
In 2019, the “Tencent Dreamwriter” ruling highlighted the role of AI as a printing press, with humans remaining the authors. This approach emphasized that, despite the machine’s technical contribution, creative direction and intent remain primarily human. The Beijing Internet Court’s Intervention In 2023, the Beijing Internet Court addressed the originality of generated images. The court considered the creative process, introducing the concept of “market price” to assess the value and authenticity of generated content, and encouraging robust documentation of the creative process.
Jiangsu and the Butterfly Chair Case
The 2024 ruling in the Butterfly Chair Case further refined the jurisprudence by establishing the importance of the evidence file for claiming copyright protection. This judgment reinforced the idea that originality stems not only from the finished product, but also from the process followed, which must be rigorously documented. Future prospects
Beyond 2025, China is expected to continue adapting its legal framework in response to the rise of AI technologies. The emphasis on demonstrating human originality and the importance of proof of creation marks a turning point in the way copyright is conceived, reflecting a balance between technological innovation and the protection of intellectual property rights.
