Artificial Intelligence Cases in China: Feilin v. Baidu and Tencent Shenzhen v. Shanghai Yingxin

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 7권 / 1호
ㆍ저자명 : Ju Yoen Lee

목차

1. Introduction
2 Feilin v. Baidu
A. Facts
B. Court Proceedings and Decisions
3. Tencent Shenzhen v. Shanghai Yingxin
A. Facts
B. Court Proceedings and Decision
4. Review
References

영어 초록

In 2019, two court rulings in China on the issue of copyrightability of AI creations received international attention. It was reported that in Feilin v. Baidu, known as the first AI case, the Beijing Internet Court denied copyright of AI creations, whereas the Shenzhen Nanshan District People’s Court acknowledged copyright of AI creations in the Tencent Dreamwriter case. The two cases, however, were quite similar, as they acknowledged copyright of AIassisted, not AI-generated, written works and recognized these works as a work of a legal entity. The difference between the two judgments is that the Beijing Internet Court regarded originality as an independent requirement and judged it according to the objective standard, whereas the Shenzhen Nanshan District People’s Court regarded human creation as part of the requirement of originality. In this sense, it was the Beijing Internet Court that actually made the more favorable judgment on an AI-generated work.

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