Dr. Alexander Thamer and Dr. Martin Schaefer in GRUR 17/2026 on AI-generated image reproductions
In GRUR 17/2026 (pp. 1234 ff.), Dr. Alexander Thamer and Dr. Martin Schaefer discuss the Düsseldorf Higher Regional Court’s “Unterwasserfotos” decision (I-20 W 2/26). The article focuses on the question under which circumstances AI-generated reproductions of copyrighted photographs may constitute copyright infringement.
In their article, the attorneys at law at BOEHMERT & BOEHMERT’s Berlin office analyze the decision in light of recent case law of the Court of Justice of the European Union. They also explore its implications for the copyright assessment of AI-assisted image modifications. In particular, they discuss the requirements for free adaptation. Additionally, they examine the protectability of photographic creative elements and the copyright classification of AI-generated output.
The article further highlights the practical challenges arising from the growing ability of artificial intelligence to imitate creative works. As these technologies continue to evolve, copyright questions become increasingly important. The authors therefore examine whether existing copyright law provides sufficient answers. They also discuss whether future legislative action may be required. In this context, the broader European regulatory framework established by the EU AI Act (Regulation (EU) 2024/1689) provides an important reference point for the ongoing discussion.
The full article in German, entitled “Underwater wildlife photography in the age of AI-based reproducibility. Commentary on the Düsseldorf Higher Regional Court’s ‘Unterwasserfotos’ decision“, is available via Beck-Online and in GRUR 17/2026, starting on page 1234.
Readers interested in the underlying case may also consult the full text of the Düsseldorf Higher Regional Court’s “Unterwasserfotos” decision (I-20 W 2/26).