AI-Generated Art Denied Copyrights by US Court

K.C. Sabreena Basheer Last Updated : 23 Aug, 2023
3 min read

In a key decision that could reshape the realm of art and technology, a US federal judge has ruled against granting copyrights to art pieces generated by artificial intelligence (AI). This verdict, which might have far-reaching implications, could impact the art world, Hollywood studios, and the future of creative ownership. The ruling comes from a lawsuit against the US Copyright Office by Stephen Thaler, a computer scientist seeking copyright recognition for AI-created artwork.

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A US federal judge has ruled against granting copyrights to AI-generated artworks.

Stephen Thaler’s pursuit of copyright recognition for AI-generated artwork has sparked a legal saga that has captured attention. Thaler’s AI system, responsible for creating an artwork titled “A Recent Entrance to Paradise,” was the center of this controversy. According to The Hollywood Reporter, the lawsuit emerged as Thaler aimed to officially recognize his AI system as the sole creator of the artwork. The US Copyright Office contested this claim.

Defining Creativity in the Age of AI

Thaler’s battle over AI creations does not stay within the art realm. Previously, he filed lawsuits seeking to list his AI machine as an inventor in a patent application. This added a layer of complexity to the ongoing debate surrounding AI’s legal recognition and creative contributions.

Also Read: Disney Controversy in Hollywood: AI Steps In, Writers and Actors Step Out!

Content copyright in the US.

The verdict delivered by US District Judge Beryl Howell on Friday upheld that only works produced by human authors are eligible for copyrights. This decision reaffirmed the Copyright Office’s rejection of Thaler’s application to attribute authorship of the artwork to his AI system.

Thaler’s pursuit of AI-generated patent claims stretches across borders. Similar applications have been made in countries like the United Kingdom, South Africa, Australia, and Saudi Arabia. Despite these efforts, limited success has been achieved. Thaler and his attorney, Ryan Abbott, strongly disagree with the verdict and intend to appeal. However, the Copyright Office maintains confidence in the correctness of the court’s decision.

Also Read: Barry Diller Vs. Generative AI: Copyright Legal Battle

Artists cannot get patents for AI generated artworks in the US.

Exploring Precedents: The “Monkey Selfie” Case

The judge’s ruling parallels the infamous “monkey selfie” case, in which a photographer’s claim to copyright on a photo taken by a crested macaque using the photographer’s camera was contested. The court ruled that non-human entities lack the legal authority to assert copyright claims, setting a precedent for the current AI-generated art debate.

Also Read: AI Wins World Photography Contest, Artist Refuses Prize

Navigating New Intellectual Property Horizons

Generative AI’s rapid growth has ushered in novel intellectual property issues. The Copyright Office’s rejection of a bid for copyrights on AI-generated images by an artist using the Midjourney system underscores the complexity of defining authorship and creativity in the age of AI. Pending lawsuits involving the use of copyrighted works to train generative AI further add to the legal complexities.

Also Read: OpenAI and Meta Sued for Copyright Infringement

Artworks created using AI tools will not be considered intellectual property.

A Landmark Ruling Shaking the Art World

Copyright law faces uncharted territory as artists increasingly incorporate AI into their creative toolkits. The case might be straightforward, but the broader implications are profound. Judge Howell recognizes that AI’s integration into creative processes will trigger “challenging questions” for copyright law, heralding a new legal and artistic exploration era.

Our Say

The ruling against granting copyrights to AI-generated art signals a paradigm shift in the relationship between technology and creativity. With Stephen Thaler’s persistent pursuit of AI’s recognition as an inventor and creator, the debate around the definition of authorship and originality is bound to intensify. As AI advances and redefines creative boundaries, the intersection of copyright law and technological innovation will profoundly and unexpectedly shape the future of artistic expression and ownership.

Sabreena Basheer is an architect-turned-writer who's passionate about documenting anything that interests her. She's currently exploring the world of AI and Data Science as a Content Manager at Analytics Vidhya.

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