Art generated by artificial intelligence (AI) tools can’t be copyrighted under current law, a U.S. district court judge ruled.
Judge Beryl Howell said the U.S. Copyright Office “acted properly” in denying a copyright to a work of art created by an AI tool after the scientist behind the tool, Stephen Thaler, sought to protect the artwork, according to a Friday ruling.
Ryan Abbott, an attorney for Thaler, said in an email “we strongly disagree” with the court’s decision and plan to appeal.
“In our view, the law is clear that copyright is intended to benefit the American public by promoting the generation and dissemination of new works, regardless of how those works are made,” Abbott said.
The case is based on Thaler’s creation of what he calls the “Creativity Machine,” an AI tool that generates art. Thaler sought to register a piece of art created by the tool, titled “A Recent Entrance to Paradise,” with the Creativity Machine identified as the author and himself as the “work-for-hire to the owner of the Creativity Machine.”
Howell wrote that “human authorship is a bedrock requirement of copyright” in her decision to uphold the denial of a copyright.
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NEW: Judge Beryl Howell said the U.S. Copyright Office “acted properly” in denying a copyright to a work of art created by an AI tool after the scientist behind the tool, Stephen Thaler, sought to protect the artwork. https://t.co/NFEw82bf2z
— The Hill (@thehill) August 21, 2023
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