German court rules AI comic adaptation of copyrighted photo doesn't violate the original

Turning someone else's photo into a comic with AI doesn't automatically violate copyright. That's the ruling from a German Higher Regional Court on April 2, 2026 (case no. I-20 W 2/26). An animal photographer who sells underwater dog shots sued a former business partner who had fed her photo of a diving dog into AI software and posted the comic-style result on its website.

The court denied the appeal, finding that the AI image doesn't copy the protectable elements of the original, such as framing, perspective, lighting, and sharpness. The motif and subject themselves aren't protected. The judges cited a recent European Court of Justice ruling that focuses on the recognizable adoption of specific creative elements rather than the overall impression.

The court also clarified that AI-generated works only qualify for copyright protection when a human makes recognizably creative decisions; picking an AI suggestion or typing generic prompts isn't enough. The decision aligns with earlier rulings from other German courts and echoes the position of the US Copyright Office.