The US Copyright Office recently denied copyright protection for an image created using artificial intelligence (AI), setting a second AI-rejection precedent for future cases. The image in question, called “Theatre D’opera Spatial” (aka Space Opera Theater) was generated by artist Jason M. Allen using the AI platform Midjourney. However, the office ruled that the AI-generated elements of the work made it ineligible for copyright protection.
Previously, the Copyright Office rejected a separate and unrelated 2019 application from Stephen Thaler for a copyright on an AI-generated artwork, entitled “A Recent Entrance to Paradise,” using similar reasoning.
Allen disclosed that he had inputted multiple revisions and text prompts into Midjourney before modifying the image with Adobe Photoshop. Although the Copyright Office requested Allen to disclaim the AI-generated portions of the work, he chose not to comply, leading to the rejection of his application. The Copyright Review Board at the Copyright Office upheld this decision, stating that the image contained an excessive amount of AI-generated material.
Despite Allen’s argument that his creative input into Midjourney justifies copyright protection, the office maintained that non-human creations are not eligible. Allen also claimed that the fair use doctrine should allow for registration, regardless of the AI-generated elements. However, the office disagreed, asserting that the work should be evaluated as a whole and not as the sum of its parts.
Under the Copyright Act, the office only registers original works of authorship created by humans. Previous court cases have consistently rejected attempts to obtain copyright protection for non-human creations. Allen expressed concern that denying copyrights for AI-created material would create issues for creators and the copyright office, but his argument was dismissed.
As this case demonstrates, the issue of copyright protection for AI-generated works continues to be a topic of debate and raises questions about the future of ownership in the digital age.
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