In a significant legal development, AI-generated artwork has been deemed ineligible for copyright protection by United States District Court Judge Beryl A. Howell.
The recent ruling comes after a lawsuit against the US Copyright Office for denying copyright to Stephen Thaler, the creator of an AI-generated image produced using the Creativity Machine algorithm.
Thaler’s attempts to secure copyright for the image, designating himself as the artwork’s owner while crediting the AI algorithm as the creator, were repeatedly rebuffed by the Copyright Office. However, in her recent decision, Judge Howell maintained that copyright protection has historically rested upon the presence of human authorship, a cornerstone of valid copyright claims. The judge highlighted that copyright has only been granted to works with direct human involvement and guidance.
This decision aligns with previous legal cases, such as the famous “monkey selfie” dispute. Judge Howell drew a parallel with a case involving a woman who compiled a book based on what she believed were dictated words from a supernatural “voice.” In that instance, the court found the work merited copyright protection due to the substantial human involvement.
Nonetheless, Judge Howell acknowledged the evolving landscape of copyright in light of technological advancements. She admitted that integrating AI as a creative tool introduces complex questions about the degree of human input necessary for copyright protection. The judge highlighted that AI models often draw inspiration from pre-existing human-generated content, adding complexity to assessing originality and authorship.
Unsatisfied with the ruling, Stephen Thaler has expressed his intention to appeal the case. Thaler’s legal representative, Ryan Abbot of Brown Neri Smith & Khan LLP, said respectful disagreement with the court’s interpretation of the Copyright Act. The US Copyright Office, on the other hand, affirmed its support for the court’s decision, viewing it as aligned with legal precedent.
Numerous legal cases have emerged as the intersection of US copyright law and artificial intelligence continues to evolve. Earlier this year, comedian Sarah Silverman and two other authors initiated legal action against OpenAI and Meta, alleging unauthorized data scraping by their AI models. In a parallel development, programmer, and lawyer Matthew Butterick sued Microsoft, GitHub, and OpenAI for engaging in data scraping practices amounting to software piracy.
In conclusion, Judge Howell’s ruling on the copyright status of AI-generated art marks a pivotal moment in the intersection of creativity, technology, and law. The decision underscores the ongoing legal discourse surrounding the role of AI in artistic creation and poses intriguing questions about the future of copyright protection in a rapidly evolving landscape.
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