Japanese authorities have charged an individual with the unlawful reproduction of an AI-generated image. This marks Japan's first legal case where such an image is being treated as a work protected under the nation’s Copyright Act.
As reported by the Yomiuri Shimbun and noted by Dexerto, the case centers on an image created using Stable Diffusion in 2024 by a man in his twenties from Chiba Prefecture. A 27-year-old man, also from Chiba, is accused of using this image without authorization for the cover of a commercially sold book.
The image's original creator informed the Yomiuri Shimbun he utilized more than 20,000 prompts to produce the final artwork. Police assert that the creator played a significant enough role in the image's generation. The case has now been forwarded to the Chiba District Public Prosecutors Office.
Japan's Copyright Act defines a protected work as a "creatively produced expression of thoughts or sentiments belonging to the realms of literature, academia, art, or music." Concerning AI-generated imagery, the Agency for Cultural Affairs has clarified that an image created with minimal or no human instruction does not constitute such an expression and thus does not qualify for copyright protection.
Conversely, if an individual employs AI as a tool to express their creative thoughts or emotions, the resulting output may be considered a copyrighted work. This determination is made on a case-by-case basis, examining the creative process behind the specific image. Key factors include the detail of the prompts, iterative refinement of instructions, and creative selections or alterations made to the outputs.
This case, however, is unprecedented and lacks legal precedent. A legal expert in AI and copyright from the Fukui Bar Association told the Yomiuri Shimbun that sufficiently detailed and specific prompts could lead to an AI output being deemed a copyrighted work. Essentially, the final image is assessed based on how well it aligns with the creator's intended vision, which is judged by the specificity and evolution of the prompts. "It is crucial to ascertain whether the individual provided prompts aimed at achieving a specific, anticipated result," the attorney stated.
On a related note, AI-generated content that bears a strong resemblance to existing copyrighted works has recently caused significant controversy in Japan. This is particularly true for Sora 2-generated video clips featuring famous Japanese characters. The Japanese government and a consortium representing major creative firms like Bandai Namco, Studio Ghibli, and Square Enix have demanded that OpenAI stop the unauthorized use of Japanese intellectual property for training.
