The US Justice rules that copyright does not protect art created by AI

August 22, 2023

A federal court in Washington D.C. ruled against a software owner who wanted to protect creations made with Artificial Intelligence.

Art generated by Artificial Intelligence (AI) is not protected by copyright law in the United States, according to the ruling by a federal court in Washington D.C. Judge Beryl Howell explained that art generated by this type of technology cannot be protected under copyright since it does not have "human authorship." “Human creativity is the sine qua non at the core of intellectual property, even when it is channeled through new tools or into new media,” it noted in its ruling.

The case began in early 2022 with a lawsuit filed by Stephen Thaler, owner of software called "Creativity Machine," which generated a visual piece through AI. Thaler tried to copyright the work, an image of train tracks surrounded by purple flowers, explaining that the software was the creator and that those rights were transferred to him, as he owned the computer. The government agency in charge of registering copyrights rejected Thaler's request, because the work lacked human authorship.

In the ruling, the judge acknowledges that copyright law will increasingly deal with such cases, as artists incorporate AI into their "toolbox." The increase in the use of AI platforms such as ChatGPT or Midjourney to generate content has generated a new legal and ethical discussion in the US on the concept of copyright and intellectual property.

Source: Infobae

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