AI-Generated Art cannot be Copyrighted, rules a US Federal Judge

Tuesday, August 22, 2023
AI-Generated Art cannot be Copyrighted, rules a US Federal Judge

The decision emerged from Stephen Thaler’s bid for AI-generated works’ copyright protection and emphasizes the importance of human authorship for copyright eligibility.

US District Judge Beryl Howell has ruled that art created solely by AI cannot be granted copyright protection. This decision underscores the requirement for human authorship to qualify for copyright. The verdict stemmed from Stephen Thaler’s endeavour to attain copyright safeguards for AI-generated artworks. Thaler, who holds the position of chief engineer at Imagination Engines, has been striving for legal recognition of AI-generated creations since 2018.

Judge Howell’s recent ruling reaffirms that US copyright law safeguards exclusively human-crafted works. She contended that AI and other “non-human actors” do not require the incentives granted by copyright law’s exclusive rights. While acknowledging the law’s adaptability, Howell emphasized that protected works must originate from a source with the ability for intellectual or artistic work, underscoring the need for a human creator. Despite Hollywood studios involving humans in AI-integrated productions to fulfil copyright criteria, ongoing legal disputes over AI’s role in art creation indicate a lengthy resolution process.

Image : The AI-created A Recent Entrance to Paradise. Image via U.S. Copyright Office.

 

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Anna Melnykova, "Palace of Labor (palats praci), architector I. Pretro, 1916", shot with analog Canon camera, 35 mm Fuji film in March 2022.

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