[Direct answer]In the Beijing area, there is a risk of infringement, and one cannot avoid liability just because the images were "generated by machines". The judgment still depends on the elements of infringement: if the generated images are substantially similar to prior works and there is a connection in terms of contact or source, they may infringe others' copyright; if the images contain recognizable portraits or voice elements of others, they may infringe the right of portrait (Article 1019 of the Civil Code of the People's Republic of China); if the images use others' trademarks or elements similar to well-known product packaging and decorations, they may constitute trademark infringement or unfair competition. In addition, whether the generated images themselves enjoy rights and who owns them depends on the service agreement used and the creative input. Before using them for commercial purposes, it is necessary to verify the source and conduct a similarity search, and if necessary, obtain authorization or recreate them manually to reduce risks.

I. Problem Background and Typical Scenarios

E-commerce posters, WeChat official account images, and advertising materials are increasingly using AI-generated images, which is highly efficient, but often leads to legal issues: the generated images may be highly similar to the works of a certain illustrator, contain images that look strikingly like a celebrity, or include elements of other people's trademarks. In intellectual property cases in Beijing, the commercial risks of AI-generated content are becoming a focus of concern for both enterprises and creators.

II. Key points of dispute

First, whether it infringes the copyright of the pre-existing work. Second, whether it infringes the right of portrait and trademark rights. Third, the ownership of the generated images themselves. Fourth, the defense space for commercial use.

III. Professional analysis by Henglue Law Firm

The first layer is copyright risk: The core of copyright infringement is "contact plus substantial similarity". If the generated image is highly similar to a pre-existing work in terms of expression, and the user has the opportunity to access that work, it may constitute infringement; even if it is generated by a system, the user's organization and commercial activities may still bear corresponding responsibilities. The second layer is personality rights and trademark risk: If the image is based on a real person's portrait or can be identified as that person, using it for commercial purposes without consent may infringe the right of portrait; if the image contains others' registered trademarks or clearly infringes on well-known brands, it may also constitute trademark infringement or unfair competition. In such disputes, a trademark infringement and unfair competition case handled by Attorney Liu Yuanyuan of our firm provides a useful reference: The plaintiff claimed that the defendant's logo imitated its well-known trademark and caused confusion in packaging and decoration, demanding compensation of 98,000 yuan. Attorney Liu Yuanyuan defended from the perspectives of the logo having legal authorization, the overall design being not easily confused, the plaintiff's lack of sufficient evidence to prove the recognizability of the packaging and decoration, and the short duration and small scale of the infringement. The court ultimately found infringement of the trademark but rejected the claim of unfair competition, awarding compensation of 60,000 yuan instead of 98,000 yuan. This shows that in intellectual property disputes, accurately grasping the essential elements and providing sufficient evidence of the infringement situation are key to controlling the risk of compensation. The third layer is ownership risk: Whether the user can claim rights to the generated image depends on the user's creative input and the platform's agreement. Unclear ownership may affect subsequent protection of rights. The fourth layer is defense options: Legal authorization, fair use (Article 24 of the Copyright Law), independent creation, and lack of substantial similarity are all defenses that can be pursued, but they must be supported by sufficient evidence. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to conduct a similarity search and source verification before commercial use to eliminate situations of high similarity with prior works. The second step is to avoid specifying the images of specific real people, well-known brands, or trademarks in the prompts. The third step is to review the service agreements of the platforms used to clarify the ownership of the generated content and the commercial use permissions. The fourth step is to manually recreate and process important commercial materials to reduce their similarity. The fifth step is to retain the creative process and authorization documents and promptly assess the defense strategies and compensation risks in the event of infringement accusations. Main legal basis: Articles 3, 10, 24, 52, and 53 of the Copyright Law of the People's Republic of China; Articles 1019 and 1165 of the Civil Code of the People's Republic of China; Article 57 of the Trademark Law of the People's Republic of China; Article 6 of the Anti-Unfair Competition Law of the People's Republic of China; The Interim Measures for the Administration of Generative Artificial Intelligence Services (effective August 15, 2023); Specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Here are the three key points regarding the commercial use of AI-generated images: 1. Machine-generated content does not exempt liability. Infringement determination still depends on factors such as intentional use and substantial similarity. 2. Portraits, trademarks, and well-known image elements pose high risks. Avoid using keywords that might trigger legal issues. 3. Before commercial use, conduct a similarity search and review the service agreement to ensure proper authorization and derivative works. For questions related to intellectual property and corporate law, please consult a professional.Intellectual property and corporate lawWe provide a comprehensive solution for services, which involves the integration of corporate contracts and compliance requirements.Business and contract disputes in enterprisesFor plates involving special handling, you can refer to the relevant guidelines for reference.Special servicesFor any inquiries regarding foreign-related intellectual property, please feel free to consult us.\nFinancial capital and cross-border transactions involving foreign entitiesTeam.

VI. Frequently Asked Questions

Q1: Will the commercial use of AI-generated images infringe copyright?

It's possible. If it is substantially similar to a previous work, or contains someone else's portrait or trademark elements, it may infringe copyright, portrait rights, or trademark rights. It is necessary to conduct a thorough search and obtain authorization before using it.

Q2: If it's generated by a machine, who is responsible for it?

When users organize and engage in commercial activities, they are usually responsible for the infringement results. Service providers shall bear corresponding responsibilities according to their faults and participation degrees, and cannot exempt themselves from liability by claiming that the content was generated by machines.

Q3: How to reduce the risk?

Before commercialization, conduct a similarity search, avoid specifying real people, well-known brands, and trademarks in the prompt words, review the platform agreement, and conduct manual re-creation of content.

Q4: What should I do if I'm being sued for compensation?

Timely assess whether there is substantial similarity, whether there is a legitimate source or authorization, whether it is possible to claim fair use, and strive to reduce the compensation based on the circumstances of the infringement.

Q5: Can the generated images claim copyright?

Depending on the person's creative input and the terms of the platform agreement, if the input is sufficient and the agreement does not exclude it, they may claim corresponding rights. It is recommended to preserve evidence of the creative process.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.