TAMPA, Fla. (WFLA) — While anyone can be an artist, writer, or musician and therefore entitled to copyright protections for their work, content made by artificial intelligence is no longer open to those same legal shields.
A decision by the U.S. Copyright Office has ruled against protection of AI copyrights for generated works, be they art, writing or music. The decision came in response to a copyright application for a comic called “Zarya of the Dawn,” which contained original writing, but visual art generated by Midjourney, an AI program.
“As stated in the Compendium of U.S. Copyright Office Practices (3d ed. 2021), the Office will not register works produced by a machine or mere mechanical intervention from a human author. The crucial question is ‘whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine,” wrote the Copyright Office.
Put more bluntly, the Copyright Office said, “In cases where non-human authorship is claimed, appellate courts have found that copyright does not protect the alleged creations.”
Due to Kashtanova’s creative process, the text of her comic itself, wholly generated by her as an author, is protected. It’s merely the visual content that is not.
Even Kashtanova’s claims of direct involvement in the artistic creation, from phrase prompt selection to a variety of image editing steps, did not qualify the art for copyright protection due to its creation by an AI.
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US Copyright Office rules AI-generated artwork, content not legally protected https://t.co/EcRoHf27r8 pic.twitter.com/vXWYqNZuWF
— The Hill (@thehill) February 24, 2023
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