SUMMARY
A German appeals court has determined that transforming a copyrighted photograph into an AI-generated comic does not inherently infringe on the original photographer's rights. The case involved an underwater dog photo, where the AI output was deemed to have sufficiently altered protected elements such as framing, angle, and lighting, even if the subject matter was recognizable. This ruling follows a separate German court decision that found the creation of the LAION-5B dataset did not infringe copyright. Together, these decisions suggest that German courts are currently protecting specific artistic expression rather than the underlying subject matter, leaving photographers to consider contracts and licensing for their unique styles.
TAKEAWAYS
German court ruled AI comic from copyrighted photo is not copyright infringement.
Decision focused on transformation of artistic elements like framing and lighting.
AI output must copy specific creative choices, not just the subject matter.
Rulings indicate copyright protects expression, not the subject itself.