In a groundbreaking legal move, Japanese law enforcement has charged a man with the unauthorized use of an AI-generated image. This marks the first instance in Japan where an AI-created image is being considered under copyright protection, sparking discussions about the legal recognition of AI-driven art.
AI Artwork Sparks Legal Debate
Reports suggest that the image in question was produced using Stable Diffusion by a young man in his 20s from Chiba, Japan, back in 2024. A 27-year-old, also from Chiba, allegedly repurposed this image without permission for his book cover. The original artist revealed that he invested over 20,000 prompts to craft the image, prompting authorities to argue that his contribution was significant enough to warrant copyright protection.
The case has been submitted to the Chiba District Public Prosecutors Office, raising questions about the application of Japan’s Copyright Act, which defines copyrighted works as original expressions within the realms of literature, academia, art, or music. The Agency of Cultural Affairs clarifies that AI images lacking substantial human input do not qualify as protected works. Nevertheless, when AI is used as a creative tool, the resulting images could potentially be copyrighted, subject to detailed examination of the creative process involved.
Challenges and Implications for AI Content
This unprecedented case comes amid heated discussions about AI-generated content that closely imitates existing works. There has been significant controversy in Japan concerning AI-produced videos, such as those from Sora 2, which incorporate popular Japanese characters. In response, the Japanese government and major creative entities, including Bandai Namco, Studio Ghibli, and Square Enix, have urged OpenAI to halt unauthorized use of Japanese intellectual properties.
Photographer: Gabby Jones/Bloomberg via Getty Images.