Germany: AI Can Transform Without Violating Copyright Law

A Ruling That Redefines Copyright Boundaries in Germany

On April 2, 2026, a German higher court issued a landmark ruling regarding the use of artificial intelligence in transforming works protected by copyright. In case number I-20 W 2/26, the court ruled that adapting a photo into a cartoon style using AI does not necessarily constitute a copyright infringement.

The case was brought before the court by a wildlife photographer known for his underwater dog shots. He filed a lawsuit against a former business partner. The dispute centered on the use of one of his photos, transformed into a cartoon-style image by AI software, and subsequently published on a website.

Criteria for Copyright Protection

The court rejected the photographer's appeal, arguing that the AI-generated image did not reproduce the protectable elements of the original work. These elements include framing, perspective, lighting, and sharpness. According to the judges, the motif and subject of the photo, in this case, the diving dog, are not protected by copyright.

This decision is based on a recent ruling by the Court of Justice of the European Union. The ruling emphasizes the recognition of specific creative elements rather than the overall impression of the work.

AI Creation and Copyright

The court also clarified that works generated by AI can only benefit from copyright protection if a human significantly intervenes in the creative process. Simply choosing an AI suggestion or entering generic instructions is not sufficient to claim protection.

This ruling continues the trend of previous judgments made by other German courts. It also echoes the position of the U.S. Copyright Office, which adopts a similar approach regarding the protection of AI-generated works.