Hamburg District Court Decision on Copyright and AI-Generated Content
Facts of the Dispute
In its judgment of 7 November 2023 (Case No. 310 O 227/23), the Hamburg District Court addressed questions regarding the copyright protection of content created using artificial intelligence. A publishing company objected to a business publishing posts on its platform that were produced by an AI-based text generator, apparently drawing on the structure and content of an article from the plaintiff publisher.
Criteria for Copyright Protection
The central issue before the court was whether the source article reached the necessary level of originality for a literary work under Section 2 (2) of the German Copyright Act (UrhG). According to the court, some individual intellectual creation is essential in order to justify copyright protection. The disputed article must distinguish itself from routine reports by particularities in selection, structure, and manner of presentation.
Assessment of the Specific Composition
The court analyzed the publication in question and concluded that the title, introductory paragraphs, and sections presenting the facts did not exhibit an individual personal touch exceeding the ordinary. According to the court, the structural and factual presentation of general company history, information regarding product selection, and their development is insufficient to justify copyright protection.
Reasons for the Decision Regarding the AI-Generated Representation
The court attached particular weight to the fact that the disputed text had been entirely generated by AI. Only factual and generally accessible information was used by the AI and then newly compiled. Distinctive creative features of the original article were neither adopted nor independently exploited. The court stated that the evident lack of individual character in both the original contribution and the AI output was decisive.
Procedural Assessment and Further Proceedings
The Hamburg District Court dismissed the claim in its entirety. It stated that the presentation under review did not satisfy the requirements for protection under Section 2 of the German Copyright Act. Therefore, there could be no entitlement to injunctive relief or damages as claimed by the plaintiff. As of the date of publication, no further legal remedies had been filed against the decision. The judgment is therefore not yet final; changes in higher instances are possible. (Source: https://urteile.news/LG-Hamburg_310-O-22723_KI-und-Urheberrecht-Landgericht-Hamburg-weist-Klage-ab~N35625)
Significance for Companies and Rights Holders
The recent decision by the Hamburg District Court clarifies the requirements for the protection of textual works in connection with artificial intelligence. Companies and rights holders are increasingly confronted with the question of how to handle AI-generated content and its possible reference to existing works. Legal and legislative developments in light of new technologies remain of particular interest to all concerned. For those facing questions related to AI, copyright, and intellectual property rights, further information and individual support for legal advice in copyright law is available from MTR Legal.
