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U.S. Copyright Office Denies Protection for AI-Generated Artwork Over Lack of Human Authorship

  • The U.S. Copyright Office denied copyright protection for an A.I.-generated artwork, ruling it lacks human authorship.

  • This follows other attempts by A.I. artists like Stephen Thaler to copyright computer-generated works that have been unsuccessful.

  • While historically only human-created works were copyrightable, a new USCO rule allows A.I. works with meaningful human creative input to be copyrighted.

  • There is uncertainty around how much A.I. usage degrades human authorship and at what point A.I. tools negate copyright.

  • Artists warn a lack of protections for A.I. art could lead to "orphaned art" and humans fraudulently taking credit for A.I. creations.

artnet.com
Relevant topic timeline:
Main topic: Copyright concerns and potential lawsuits surrounding generative AI tools. Key points: 1. The New York Times may sue OpenAI for allegedly using its copyrighted content without permission or compensation. 2. Getty Images previously sued Stability AI for using its photos without a license to train its AI system. 3. OpenAI has begun acknowledging copyright issues and signed an agreement with the Associated Press to license its news archive.
### Summary A US court ruled that creative work made by artificial intelligence is ineligible for copyright, a significant ruling amid the ongoing Hollywood writer's strike. ### Facts - šŸ¤– Artificial intelligence-generated art cannot be protected by copyright, according to a US federal judge. - šŸ“œ The ruling may codify intellectual property rights regarding creative works made by AI versus those made by humans. - āš–ļø The ruling was made by US District Court Judge Beryl A. Howell and supported by the register of copyrights and director of the US Copyright Office, Shira Perlmutter. - āš ļø The significance of the ruling comes amid ongoing writers' and actors' strikes in Hollywood, as there are fears that studios will use AI-generated work to avoid paying writers and actors. - šŸ§  The plaintiff, Stephen Thaler, argued that his AI, the "Creativity Machine," should be recognized as the author of a piece of artwork, but the US Copyright Office denied the application. - šŸ“š The ruling also clarifies that the copyright for AI-generated work cannot be claimed by the AI's users under the work-for-hire doctrine. ### How does this relate to Hollywood and AI? - šŸŽ„ The ruling has implications for Hollywood's use of AI-generated content and the ongoing concerns of writers' and actors' unions. - šŸ’” The question of copyrightability for works made by AI has become increasingly relevant as generative AI becomes more prevalent globally. - šŸ’° Entertainment and media companies are investing significantly in generative AI and may become global leaders in the field. - šŸŒ By 2025, it is projected that 90% of all content may be partly AI-generated.
### Summary A federal judge ruled that AI-generated art cannot be copyrighted, which could impact Hollywood studios and their use of AI. ### Facts - šŸ¤– Plaintiff Stephen Thaler sued the US Copyright Office to have his AI system recognized as the creator of an artwork. - šŸš« US District Judge Beryl Howell upheld the Copyright Office's decision to reject Thaler's copyright application. - šŸ“œ Howell stated that human authorship is a fundamental requirement for copyright and cited the "monkey selfie" case as an example. - ā“ How much human input is needed for AI-generated works to qualify as authored by a human will be a question for future cases. - āš–ļø Hollywood studios may face challenges in their contract disputes with striking actors and writers, as AI-generated works may not receive copyright protection.
Generative AI is starting to impact the animation and visual effects industry, with companies like Base Media exploring its potentials, but concerns about job security and copyright infringement remain.
Three artists, including concept artist Karla Ortiz, are suing AI art generators Stability AI, Midjourney, and DeviantArt for using their work to train generative AI systems without their consent, in a case that could test the boundaries of copyright law and impact the way AI systems are built. The artists argue that feeding copyrighted works into AI systems constitutes intellectual property theft, while AI companies claim fair use protection. The outcome could determine the legality of training large language models on copyrighted material.
A federal judge has ruled that works created by artificial intelligence (A.I.) are not covered by copyrights, stating that copyright law is designed to incentivize human creativity, not non-human actors. This ruling has implications for the future role of A.I. in the music industry and the monetization of works created by A.I. tools.
The Alliance of Motion Picture and Television Producers has proposed guidelines for the usage of artificial intelligence (AI) and data transparency in the entertainment industry, stating that AI-created material cannot be considered literary or intellectually protected, and ensuring that credit, rights, and compensation for AI-generated scripts are given to the original human writer or reworker.
Hollywood studios are considering the use of generative AI tools, such as ChatGPT, to assist in screenwriting, but concerns remain regarding copyright protection for works solely created by AI, as they currently are not copyrightable.
Artificial intelligence (A.I.) may not pose a significant threat to human creativity or intellectual property, as machines still struggle to produce groundbreaking artistic work and are often limited to mimicry rather than true artistic expression.
A Washington D.C. judge has ruled that AI-generated art should not be awarded copyright protections since no humans played a central role in its creation, establishing a precedent that art should require human authorship; YouTube has partnered with Universal Music Group to launch an AI music incubator to protect artists from unauthorized use of their content; Meta has introduced an automated translator that works for multiple languages, but concerns have been raised regarding the impact it may have on individuals who wish to learn multiple languages; major studios are hiring "AI specialists" amidst a writers' strike, potentially leading to a future of automated entertainment that may not meet audience expectations.
Artificial intelligence (AI) is seen as a tool that can inspire and collaborate with human creatives in the movie and TV industry, but concerns remain about copyright and ethical issues, according to Greg Harrison, chief creative officer at MOCEAN. Although AI has potential for visual brainstorming and automation of non-creative tasks, it should be used cautiously and in a way that values human creativity and culture.
The United States Copyright Office has issued a notice of inquiry seeking public comment on copyright and artificial intelligence (AI), specifically on issues related to the content AI produces and how it should be treated when it imitates or mimics human artists.
The US Copyright Office has ruled that a piece created with text to image GenAI app Midjourney is not eligible for copyright protection, raising questions about the copyrightability of AI-generated content.
The rise of easily accessible artificial intelligence is leading to an influx of AI-generated goods, including self-help books, wall art, and coloring books, which can be difficult to distinguish from authentic, human-created products, leading to scam products and potential harm to real artists.
An award-winning image generated by artificial intelligence has been ruled as not protected by U.S. copyright because it was not created by humans, according to a review panel.
The debate over whether government-imposed limits on AI computation would implicate the First Amendment arises as artists and creators are starting to explore the potential of AI in their work, and the question of whether there is a First Amendment right to compute becomes increasingly relevant in the context of expressive content generated by AI.
Tech companies using generative AI models are being urged by artists, including Margaret Atwood and Dan Brown, to compensate them for the use of their work, as lawsuits are brought against vendors for copyright infringement; however, there is currently no consensus on the amount artists should be paid, leading to unclear compensation policies from generative AI vendors such as Adobe and Getty Images.
Artificial intelligence is increasingly replacing human creativity in the arts, but some artists are embracing AI as another tool in their creative arsenal to push the boundaries of traditional art forms.
Artificial intelligence (AI) has the potential to disrupt the creative industry, with concerns raised about AI-generated models, music, and other creative works competing with human artists, leading to calls for regulation and new solutions to protect creators.
Getty Images has developed an AI tool that respects artists' copyrights by training it exclusively on licensed data, ensuring creators are rewarded as the tool grows in popularity over time.
Computer-generated art, powered by artificial intelligence, has seen a recent boom, with works like "Edmond de Belamy" selling for over $400,000 and databases of digitized human creativity enabling the production of millions of unique images daily; however, opinions on AI-generated art are mixed, with critics arguing for copyright protection and a survey revealing that the majority of Americans do not consider it a major advancement.
Google is offering limited indemnity to its customers against copyright infringement claims related to its generative AI services, covering both the training and output of AI systems. However, the protection does not extend to cases where users intentionally prompt the AI to copy someone else's work.
Generative AI systems, trained on copyrighted material scraped from the internet, are facing lawsuits from artists and writers concerned about copyright infringement and privacy violations. The lack of transparency regarding data sources also raises concerns about data bias in AI models. Protecting data from AI is challenging, with limited tools available, and removing copyrighted or sensitive information from AI models would require costly retraining. Companies currently have little incentive to address these issues due to the absence of AI policies or legal rulings.
The publishing industry is grappling with concerns about the impact of AI on copyright, as well as the quality and ownership of AI-generated content, although some authors and industry players believe that AI writing still has a long way to go before it can fully replace human authors.
Writers and artists are filing lawsuits over the use of copyrighted work in training large AI models, raising concerns about data sources and privacy, and the potential for bias in the generated content.
The use of AI in art authentication has sparked a debate in the art world, as different AI systems yield conflicting results when determining the authenticity of art, raising questions about their reliability and role in the field.
Google has pledged to protect users of its generative AI products from copyright violations, but it has faced criticism for excluding its Bard search tool from this initiative, raising questions about accountability and the protection of creative rights in the field of AI.