On July 13, 2026, China’s National Copyright Administration (NCA) released the Implementing Regulations of the Copyright Law of the People’s Republic of China (Revised Draft for Public Comment) (中华人民共和国著作权法实施条例（修订草案征求意见稿）) for public consultation. Comments may be submitted by mail or email through August 12.
Category: Copyright
Shanghai Huangpu District People’s Court: AI Prompts Not Copyrightable
In recent decision (2025) 沪0101 民初14775 号, the Shanghai Huangpu District People’s Court held that prompts fed into a generative AI were not subject to copyright protection. In 2022, the plaintiff created six sets of English-language prompts and input them into the Midjourney AI image generation platform using the account “BYShanC.” The prompts directed Midjourney to generate Art Nouveau-style illustrations of fantasy natural subjects — jellyfish, butterflies, gem trees, mushrooms, koi fish — in the style of Alphonse Mucha, rendered …
China’s Supreme People’s Court Strips Internet Courts of Jurisdiction Over AI Copyright Cases
On October 10, 2025, China’s Supreme People’s Court (SPC) released the Provisions of the Supreme People’s Court on the Jurisdiction of Internet Courts (最高人民法院关于互联网法院案件管辖的规定) effective November 1, 2025. The 2025 Provisions amend the 2018 Provisions by removing Internet Courts’ jurisdiction over five types of cases including “copyright or neighboring rights disputes involving works first published online,” and “disputes arising from infringement of copyright or neighboring rights in works published or disseminated online.” The SPC explained that this will ensure “new, …
Beijing Internet Court Requires Evidence of Creative Effort to Claim Copyright Protection in AI-Generated Images
On September 16, 2025, the Beijing Internet Court announced a recently upheld decision in which they held that while copyright can exist in AI-generated images, the author must “demonstrate that they have exerted creative effort in their AI-generated creations, reflecting personalized expression…When asserting rights in AI-generated works, authors are obligated to explain their creative thinking, the content of their input commands, and the process of selecting and modifying the generated content, and to submit relevant evidence.”