Court Rules AI Art Lacks Copyright Protection

A unanimous federal appeals court has ruled that art generated solely by AI lacks eligibility for copyright protection, emphasizing that human authorship is a prerequisite for copyright under the U.S. Copyright Act.

The Story: A unanimous federal appeals court has ruled that art generated solely by AI lacks eligibility for copyright protection, emphasizing that human authorship is a prerequisite for copyright under the U.S. Copyright Act. The court upheld the Copyright Office's denial of Stephen Thaler's claim for his AI-generated work titled "A Recent Entrance to Paradise."

A Recent Entrance to Paradise by Stephen Thaler’s Creativity Machine system

The Details:

  • The appeals court affirmed the Copyright Office's long-standing requirement that all eligible work must be authored by a human being to qualify for copyright protection.

  • Thaler's application was rejected because he listed his AI, "Creativity Machine," as the sole author, failing to demonstrate that a human was involved in the creative process.

  • Judge Patricia A. Millett stressed that the essence of copyright law requires a human creator, citing that machines do not have legal personhood or rights to ownership.

  • Thaler plans to appeal the ruling, arguing that current copyright law is outdated and does not account for technological advancements.

  • The ruling does not prohibit humans from copyrighting works that incorporate AI, provided that the human plays a significant role in the creative process.

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Why It Matters: This ruling is a significant decision for the creative landscape, as it clarifies that purely AI-generated artwork cannot be afforded copyright protection, limiting the rights of creators using AI technologies. For photographers, filmmakers, and artists working with AI, it's vital to understand this ruling as it underscores the necessity of human input in the creative process to maintain ownership rights. The outcome of Thaler’s appeal could set a precedent for future conversations on AI's role in creativity and intellectual property, pushing Congress to reconsider copyright laws as technology continues to evolve.

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