Generative artificial intelligence (AI) can complete image creation and document writing in seconds, bringing novelty but also causing more anxiety for creators.

The first case of copyright infringement involving AI-generated images in China has recently been finalized, with the plaintiff Li Yunkai winning the lawsuit but waiving the 500 yuan ($70) compensation from the defendant.

Li Yunkai recently told the media that the compensation is not important to him; he rather hopes that the court can provide a clear criterion on whether using AI to generate images constitutes original work and possesses original work of authorship.

In this particular case, the Beijing Internet Court recognized the picture generated via text-to-image AI image generator should be considered original “artwork” under the protection of copyright laws based on the “originality” and intellectual input of its human creator.

However, industry observers noted that the case also emphasized whether the artificial intelligence-generated content (AIGC) constitutes a work with copyright cannot be generalized but should be decided on a case-to-case basis.

Why is that? Observers argued that, to protect AIGC, it is necessary to establish whether the subject of the right is a human being rather than the machine or the AI.

Li Zonghui, the vice president of the Institute of Cyber and Artificial Intelligence Rule of Law affiliated with Nanjing University of Aeronautics and Astronautics, told the Global Times that the current copyright law defines the subject of the work as the author, citizens, legal persons, and social organizations. It is evident that AI does not meet this requirement.

Back in 2018, the US Copyright Office received its first known copyright registration application for an AI-generated work. But later in 2023, the court rejected the application because AI, as a non-human, is not subject to copyright protections.

In this case, Stephen L. Thaler intended to claim authorship of a visual image titled “A Recent Entrance to Paradise,” which was generated by his developed AI system known as the "Creativity Machine."

“Protecting content generated by non-human beings as works with copyright is fundamentally contrary to the legislative purpose of copyright law,” Li Zonghui noted. In the Beijing case, the court rule was based on the fundamental principle of protecting the rights of “human being.”

According to the court, if an AI-generated image reflects the original intellectual investment of a human being, it should be considered artwork and protected under copyright law. However, determining the extent of the original intellectual investment made by a human being in the creation process poses a challenge.

The Beijing Internet Court believes that the plaintiff Li Yunkai designed the visual elements of the character and its presentation through prompts and set parameters for the layout and composition of the image. He continued to add prompts and modify parameters after obtaining the first image, constantly adjusting and revising, and finally obtained the image. The process reflects the plaintiff's aesthetic choices and personal judgment, the court believed.

Li Zonghui pointed out that if a work is purely generated by AI without any contribution from the user, it may not be subject to copyright infringement. The key factor lies in the prompts and what kind of modify parameters given to the machine and whether they constitute originality.

Some industry observers argue that writing prompts to generate a work is a simple task, resulting in a minimal intellectual contribution to AI-generated image creation.

AI systems have the capability to replicate on a large scale, enabling the generation of a vast number of images or content within a short period. If copyright protection is granted to all of this, it will not foster innovation for society as a whole, stated You Yunting, a Shanghai-based lawyer, in an interview with The Paper.

Machines’ deep learning is essentially a statistical process that involves collecting large-scale data and performing rapid calculations and deductions. Therefore, it is not the same concept as human original expression, Andy Sun Yuanzhao, executive director at The Asia Pacific Legal Institute, wrote on Copyright Theory and Practice recently.

Apart from lawsuits relating to AI-generated images, China has also seen a first legal dispute over a virtual human.

In July 2022, a technology company in Hangzhou uploaded a video to their Douyin account featuring Ada, a virtual human created by Shanghai-based Xmov Technology but failed to acknowledge Xmov as the original creators. The Hangzhou Internet Court later sided with Xmov, ordering the infringing company to pay 120,000 yuan in compensation.

Analysts said there is a connection between virtual humans and works in copyright law and the right of portrait and personality in civil law.

If the character’s appearance is completely newly designed, then the virtual digital human may constitute an artistic work and be protected by copyright law. If the character is based on the modeling of a specific natural person, then the virtual digital human involves the use of the likeness of a real person and requires the permission of the right of personality holder, Li Zonghui told the Global Times.

One judgment of copyright infringement will certainly lead to more subsequent lawsuits. The aftereffects will be the increase cost and market entry barriers for the subsequent development of the AI industry, Sun said.

Given that these lawsuits usually last for a long time, unless the parties can reach a pre-litigation settlement, the entire AI industry is likely to be in a state of uncertainty for a considerable period of time in the future, Sun said.

Chinese Foreign Ministry Spokesperson Wang Wenbin on Wednesday said the world cannot return to a state of isolation and that China opposes all forms of unilateralism and protectionism in response to International Monetary Fund (IMF) warning that fragmentation of the global economy and increasing national security restrictions could lead to a 7 percent loss in global GDP.

Whether it is trade wars or technological battles, the underlying objective is to politicize, instrumentalize, and weaponize economic and trade issues. The aim is to secure a monopoly on their own developmental advantages, impede the growth of emerging markets and developing nations, and deny the 7 billion people worldwide their right to pursue a happy life, Wang said.

Wang said that China is willing to work with all parties to promote universally beneficial and inclusive economic globalization. China firmly opposes deglobalization and overstretching the national security concept, and opposes all forms of unilateralism and protectionism.

The remarks come as the IMF warned that global economic fragmentation could lead to a 7 percent loss in global GDP.

IMF Managing Director Kristalina Georgieva told CNN in an interview aired on Tuesday local time that restrictions related to "national security" are increasing, and geopolitical factors are causing economic divisions worldwide. 

Allowed to continue, this could ultimately reduce Global GDP by 7 percent - roughly equal to the annual output of France and Germany, she said.

"So we are all better off to find ways to reduce frictions, to concentrate on security concerns that are real and meaningful, and not go willy-nilly in fragmenting the world economy. We would end up with a smaller pie," she said.

Wang said that the world cannot return to a state of isolation and cannot be arbitrarily divided. Any practice of seeking selfish gains at the expense of neighbors, any mindset of confrontation between camps, and any arrogance of self-centeredness will not lead to good results.

China will promote equal rights, equal opportunities, and equal rules for all countries, safeguarding the development rights of all countries, and working toward common development and prosperity.

The IMF's report in October 2023 predicted a slowdown in global economic growth from 3.0 percent in 2023 to 2.9 percent in 2024.

A Xinjiang hospital's Key State Lab has signed a deal with the Kazakhstan National Medical Science Center to enhance cooperation on prevention and treatment of high incidence diseases in Central Asia. Additionally, the Xinjiang Medical University Hospital also signed a parallel agreement for surgery and organ transplantation. The signing marks an increased role for China in helping improving the health conditions of Central Asian countries with the support of the China Organ Transplant Development Foundation.

The deal was signed by the Kazakhstan center with The First Affiliated Hospital of Xinjiang Medical University and the hospital's Key State Laboratory of Pathogenesis, Prevention and Treatment of High Incidence Diseases in Central Asia, at the 7th China-International Organ Donation Conference and the Belt & Road Symposium on Organ Donation and Transplantation International Cooperation Development in Nanning, South China's Guangxi Zhuang Autonomous Region on Saturday.

After the signing of the deal, Kazakhstan will send medical personnel to study at the Xinjiang Medical University hospital and Key State Laboratory specifically for research and treatment against high incidence diseases in Central Asia, Wen Hao, head of the Key State Lab of Xinjiang Medical University, told the Global Times on Saturday. The laboratory and the hospital are well-equipped and host a wide range of departments, "thus we can answer almost any technical request from the Kazaks. who are also thrilled about it," Wen said.

Wen said that the Key State Laboratory was opened in 2017. It is actively working with five Central Asian neighboring countries on training, as well as studying and treating major diseases in these areas, such as cervical cancer and esophageal cancer. Additionally, zoonotic cardiovascular diseases, diabetes, and cerebrovascular diseases are also prevalent and pose the greatest threat to the people's health in Central Asia.

Ever since the Key State Laboratory was established, it has been working to strengthen cooperation with Central Asian countries. Wen noted that China is ahead of neighboring countries in terms of scale, quality, and national standards of medical care, which is one of the reasons these countries are interested in working with China. .

In July of this year, the Xinjiang hospital assisted the Kazakhstan National Medical Science Center in successfully treating a patient with alveolar Echinoccosis by using Exvivo Liver Resection & Autotransplantation (ELRA) for the first time.

Wen stated that in active response to the Belt and Road Initiative, his lab and hospital had dispatched a team of medical experts to Central Asian countries, such as Kazakhstan, Kyrgyzstan and Uzbekistan. Through medical technology exchanges, hosting bilateral academic forums, and establishing technology promotion and training bases, the hospital aims to continuously deepen and broaden cooperation with these Central Asian countries, seeking to enable people in these countries to access and benefit from high-quality medical resources.

In May of this year, China and five Central Asian countries jointly signed the Xi'an Declaration of the China-Central Asia Summit, which was held in Chinese city of Xi'an. In the declaration, all sides agreed to further deepen health and medical cooperation, promote the construction of traditional Chinese medicine centers, and carry out herbal planting and processing cooperation to create a healthy "Silk Road."

After China has improved its own work on organ donation and transplantation, sharing expertise with countries participating in the Belt and Road Initiative has also become very important. Aims include pushing forward their development in this regard, and assisting them with the development of local medical systems and technology, Huang Jiefu, chairman of China Human Organ Donation and Transplantation Committee and Chair of COTDF Advisory Board told the Global Times on Saturday.

Wen said that in recent years, countries such as India, South Korea, Japan, and some Western countries, have been trying to exert influence over Central Asia. He mentioned that Abay Baigenzhin, Chairman of the Management Board of Kazakhstan National Medical Science Center, told him that cooperation with Western countries usually involves big promises but little action. However, after enhancing cooperation with China, Kazakhstan appreciated that China not only kept its promises, but also had the ability to implement projects.

Wen also noted that now China is offering preferential policies for medical students from Central Asian countries, which has facilitated medical exchanges between China and the region. "Such cooperation is helpful for people-to-people exchanges between China and those countries; and there is no basis for attacking or smearing efforts to help people cure diseases."

"In the next two years leading up to 2025, we should expect to see more practical cases of collaboration, inspiring stories, and data to support our cooperation in organ transplantation and donation with Central Asian countries. These developments will further bolster our contributions to the prevention, diagnosis, and treatment of prevalent diseases in Central Asia, as well as the promotion of public health across the region regions," said Wen.

China saw more than 40,200 deceased organ donations from 2015 to the end of 2022, with 120,100 major organs donated. Additionally, more than 6.55 million people have voluntarily registered for organ donations, according to the China Organ Transplant Development Foundation (COTDF).

The COTDF revealed the figure at the 7th China-International Organ Donation Conference and the Belt & Road Symposium on Organ Donation and Transplantation International Cooperation Development, which kicked off in Nanning, South China's Guangxi Zhuang Autonomous Region, on Saturday.

Currently, China ranks second in the world and first in Asia in terms of the number of organ donations, benefiting numerous patients in need. The COTDF said that 5,628 deceased organ donations were made in 2022, an increase of 6.75 percent compared to 2021.

More than 20,000 organ donations are made in Chinese mainland each year, ranking second in the world in terms of data. However, organ donors per million people (PMP) is less than 4 percent, which is far from satisfactory compared to the 47 percent in developed countries, Huang Jiefu, chairman of China Human Organ Donation and Transplantation Committee and chair of the COTDF Advisory Board, told the Global Times on Saturday.

He pointed out that there are not enough hospitals in China to satisfy patients' demand for organ transplants. "China currently has only slightly more than 70 hospitals that perform heart and lung transplants. Thus, there is still a shortage of doctors and hospitals to meet the needs of the people," said Huang.

In October, China's State Council held an executive meeting that adopted a draft revision to the regulations on donation and transplantation of human organs.

The government aims to establish a system for tracing and supervising the whole procedure of donating and transplanting human organs. It will enhance ethical reviews on how human organs are obtained and crack down on crimes involving human organs, according to the meeting.

Talking about the revision, Huang used the phrase "scraping poison off the bone" to describe the determination in China's organ donation reform.

He said that under the leadership of the central government, this reform has achieved significant victories and has been widely recognized by the international community. The revision of the regulation demonstrates the Party and the country's emphasis on organ donation, providing strong legal protection for the high-quality development of the organ donation cause, said Huang.

Huang said that the word "donation" carries special meaning. With the coming of the regulation, organ donations will be more transparent, and it also calls for more people to get involved in organ donations and transplants. In the future, it is hoped that China's organ transplantation technology will spread to more countries in the Belt and Road Initiative via the Organ Donation and Transplant under the Framework of the Belt and Road Initiative, said Huang.

Talking about China's recent achievements in organ transplantation, John Fung, president-elect of the Transplantation Society, told the Global Times that in terms of survival, China meets international standards.

"The primary accomplishment of China's transplant efforts is that a country that had very limited transplants 30 years ago is now able to compete with any other transplant program in the world in terms of quality," said Fung.

However, Fung also mentioned that the primary challenge in China is that "it has a very large population and still not enough access to transplants. There are many barriers to transplants for the common people in terms of costs as well as a shortage of organs."

Yet he said that China is getting there as the trajectory of donations in the country is increasing fast, thus he is confident that five years from now China will move to a much higher rate of donation.

The Belt & Road Symposium on Organ Donation and Transplantation International Cooperation Development held a launch ceremony, during which those in attendance agreed to establish a series of action plans in the areas of leadership, management, quality control and technological innovation in organ donations and transplantations based on the principles outlined by WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation.

Through continuous strengthening of interaction, deepening of mutual trust, and fostering of friendship, the goal of self-sufficiency in organ donation will be achieved.

Fung also mentioned that there is an organized conspiracy on the international stage that tries to play down the accomplishments of China's organ donation experience, by feeding misinformation about transplants in China to further damage the country's reputation.

For example, a new wave of accusations of "organ harvesting" in China has emerged. Following some Western media reports from the China Tribunal, which accused the Chinese government of "harvesting organs from Falun Gong practitioners" and Uygurs "detained in camps" since June 2019, VICE magazine's France version also released a new report on the same topic on June 19, offering more so-called "evidence."

By digging into those stories, the Global Times has found out that such claims are lies interwoven by members of the Falun Gong cult, separatists from Xinjiang and overseas anti-China forces with the purpose to further paint China as a devil mistreating minorities in Xinjiang, to smear the country's organ transplantation and donation system and its anti-terrorism work in Xinjiang, and to instigate the international community to further pressure China.

In response to this recent slander, Huang said that China's reform on organ transplantation is to keep friends close and keep enemies closer. "You can never wake up someone who is pretending to be asleep… we are not afraid of those slanders, as long as what we are doing is justified and is on the right course."

Fung suggested that more publications about "China's organ transplantation be disseminated globally for people to understand that China complies with international standards and that their outcomes for transplantations are as good as anybody else's. As transplantation society president I will do my best to make it more open for the world to understand and appreciate w