Officials Rule That AI Art Needs “Human Expression” for Copyrights

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In simpler terms, the U.S. Copyright Office has declared that art produced by AI using text prompts, or works solely generated by artificial intelligence, cannot be protected by copyright law. A recent report published on January 29 provides insight into this complex legal landscape in creative industries, underscoring potential risks associated with relying too heavily on AI as a substitute for human ingenuity and creativity.

The report originates from an ongoing examination, initiated in 2023, regarding AI-produced works. It examined more than 10,000 submissions from various contributors such as artists, performers, directors, and musicians. The report highlights that just prompts do not guarantee sufficient human oversight to classify the users of an AI system as the actual creators of the output. However, works generated using AI aid are safeguarded by copyright law, and each instance requires individual evaluation. Essentially, artworks need to demonstrate some evidence of non-automated human involvement in their creation process.

This decision echoes the climactic point of the ongoing drama surrounding Jason Allen’s notorious AI-produced “Théâtre D’opéra Spatial,” a digital artwork that won first place in the “Digital Art” category at the Colorado State Fair in 2022, causing a stir in the art community. In October 2024, Allen took legal action against the Copyright Office due to repeated rejections of his registration attempt, claiming that others were brazenly and consistently copying his work.

The report stated, “Using AI as an aid or including AI-created content in a larger work doesn’t change the eligibility for copyright protection overall. However, the advanced capabilities of modern AI technologies bring up intriguing questions about the essence and boundaries of human creativity.

This determination lays the foundation for understanding AI-generated art and the idea of authorship. Our office will keep an eye on advancements in technology and law regarding AI art, but we advise against significant changes in legislation at this time. The process of determining copyrightability involves examining each work and its creation context, so legislative language might not be effective in establishing clearer boundaries.

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2025-02-01 02:56