German Court: AI Conversion of Copyrighted Photos to Comics Not Necessarily Infringement

Recently, Germany's Dusseldorf Higher Court ruled on an AI secondary creation copyright dispute. The case arose when a photographer who took underwater dog photos sued her former business partner for using her copyrighted photos in AI software to generate comic-style images and publish them.

The court dismissed the photographer's appeal, stating that the AI secondary creation images did not copy copyright-protected elements like composition, perspective, or light from the original work, and the photography theme and the dog itself are not protected by copyright. It also cited the European Court's ruling, emphasizing that infringement should focus on whether identifiable creative elements are used.

Additionally, the court clarified that AI-generated works can only receive copyright protection if humans make 'identifiable creative decisions'; merely choosing to generate images or inputting general prompts is not enough to constitute copyright-worthy creation.