Art Created By Artificial Intelligence Can’t Be Copyrighted, US Agency Rules
The U.S. Copyright Office refused to grant a copyright this month for an image made by an artificial intelligence program called Creativity Machine—ruling that “human authorship is a prerequisite to copyright protection.” The case will now head to federal court as the AI program’s owner, Stephen Thaler, plans to file an appeal, according to Ryan Abbott, a Los Angeles-based attorney representing Thaler.
Thaler, the founder of the Missouri-based AI firm Imagination Engines, tried to copyright “A Recent Entrance to Paradise,” a picture that was autonomously created by Creativity Machine’s algorithm without any human help. Thaler listed the program as the artwork’s author and sought a copyright as the machine’s owner. ...
In the most recent request for reconsideration, Abbott argued that the human authorship requirement was unconstitutional and unsupported by case law.
But in ruling against Thaler again, the Copyright Review Board’s three-person panel cited several cases in which courts refused to extend copyright protection to non-human creations. In 1997, a federal appeals court ruled that a book allegedly “authored by non-human spiritual beings” could only gain copyright if a human curated the revelations. Similarly, in a separate 2018 case, a monkey was not awarded a copyright for photos that it took with a camera. ...
Abbott said he plans to appeal the board’s decision in federal court in Washington D.C. ...
“Artists are using AI as a tool [in] the same way [that] artists are using the camera,” he said. “You cannot claim the camera is the artist. Artists are using cameras to create photographs, and that’s how photographs get copyrighted.”
See the full story here: https://dot.la/creative-machines-ai-art-2656764050/particle-2
