As technology continues to evolve and progress with increasing speed, it is forcing us to confront complex questions about the impact of cutting-edge technologies on our daily lives. One such issue that has recently come into public discourse is what rights are granted to creative works created by artificial intelligence (AI).
This topic is being tested in U.S. courts, where a recent case ruled that copyright does not extend protection for images generated by AI algorithms, even if they contain original work or expressiveness beyond their programming. While this decision throws light on this developing legal framework surrounding AI creations, many more conversations must be had before any surefire conclusions can be made about these issues.
The U.S. Copyright Office, according to the letter inspected by Reuters, ruled that copyright protection should not be extended to images generated with the AI system Midjourney for works such as a graphic novel.
Kris Kashtanova, the author of “Zarya of the Dawn,” is entitled to copyright for only her parts of the book, as stated in a Tuesday letter by the office. However, no copyright for photos provided by Midjourney will be claimed.
The U.S. court or agency offered one of their first decisions on the scope of copyright protection for works created with AI, as AI technology such as Midjourney, Dall-E, and ChatGPT have skyrocketed in popularity. This ruling demonstrated what legal limits had been set for these inventions.
In its letter, the Copyright Office announced plans to re-register “Zarya of the Dawn,” while omitting any images that don’t constitute human authorship–and therefore cannot be copyrighted.
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The Copyright Office had no comment on their decision. However, this was met by Kashtanova with “great news.” The office’s decision granted copyright protection for the novel’s story and its arrangement of imagery.
Kashtanova says:
“Covers a lot of uses for the people in the AI art community.”
Kashtanova suggested exploring the validity of the argument that the images themselves constituted evidence sufficient to take action. They debated different methods to address this claim.
Kashtanova went on to say:
“Direct expression of my creativity and therefore copyrightable.”
Max Sills, the Midjourney general counsel, noted that the Copyright Office’s decision was definitive and could not be circumvented.
Max Sills says:
“A great victory for Kris, Midjourney, and artists.”
“Clearly saying that if an artist exerts creative control over an image generating tool like Midjourney …the output is protectable.”
Midjourney — an AI-based system utilizing user text prompts — generated images for Zaparaya of the Dawn based on Kushtanova’s text.
Kashtanova was informed in October by The Copyright Office that it would assess the book’s copyright registration again due to the non-disclosure of Midjourney’s role.
The office determined Tuesday that copyright protection for the book’s text and its arrangement – attributed to Kashtanova – was granted; however, she was not credited as the “mastermind” behind the images.
Midjourney stands out amongst other media tools artists employ due to its unpredictable output that users can’t pre-determined, resulting in legal protection from copyright infringement.
The decision is a blow to AI artists, who have argued that they should be able to copyright their works. But it’s also a win for anyone hoping to use AI-generated images without worrying about infringement claims.
It may also pave the way for new businesses built around generating and selling such images. And it could spur more development of artificial intelligence technologies by making it easier for companies to commercialize them.
Source: Reuters
