The plaintiff used a generative AI to generate the following logos, which he then used on his website:
The defendant copied these logos and used them on his own website. The plaintiff sent a warning letter and demanded from the defendant to cease use of the logos.
The plaintiff claimed that the logos were copyrighted works and that the defendant had infringed his copyright by using them. He argued that the use of AI was comparable to the use of a tool to create a work. This meant that the output of generative AI was also an act of human creation, which is necessary for copyright protection in Germany. He claimed that triggering the generative process and the specifications made in the process, as well as fine-tuning through repeated prompting indicate a human creation. This process can be compared to carving a statue out of stone.