AI-Created Art Denied Copyright Protection, Federal Judge Rules
A federal judge has ruled that artwork created by artificial intelligence (AI) is not eligible for copyright protection. The decision came after Stephen Thaler, the CEO of neural network firm Imagination Engines, attempted to have art created by an AI copyrighted under the U.S. Copyright Office in 2018.
Thaler developed a tool called the Creativity Machine, and sought to attribute the copyright to the machine itself. However, the Copyright Office denied the registration, stating that the application lacked human authorship required for copyright protection.
Judge Beryl Howell affirmed the denial, explaining that U.S. copyright laws only protect human creations. She clarified that while humans can copyright art created using tools such as paintbrushes or chisels, AI lacks the necessary human interaction.
This ruling raises questions about the future protection of AI-generated works. Legal experts argue that art must have a de minimis amount of human involvement to qualify for copyright protection. They believe that courts will face numerous cases regarding AI and copyright over the next few years.
The judge’s decision is supported by two previous federal court rulings. In the Trademark Cases of 1879, the U.S. Supreme Court concluded that trademarks were indicators of origin and not subject to copyright. Additionally, in the Burrow-Giles Lithographic Co. v. Sarony case, the court determined that photographs qualified as original works of art eligible for copyright protection.
Copyright and AI have become a focal point of discussion. Artists and writers have expressed concerns about AI’s use, citing potential plagiarism and copyright infringement. However, they face challenges in proving these claims in court.
Thaler’s case is among the first of many expected legal battles involving AI and its creations. In response to the emerging issues surrounding AI and copyright, the U.S. Copyright Office launched an AI initiative earlier this year to examine related laws and policies.
As the use of AI in creative fields continues to expand, the question of copyright protection for AI-generated works remains unsettled. The outcome of future cases will determine the extent of human involvement required to secure copyright for such works.
