A U.S. district court judge has ruled that artwork generated by artificial intelligence (AI) tools cannot be copyrighted under current law. Judge Beryl Howell upheld the decision of the U.S. Copyright Office to deny copyright protection to a piece of art created by an AI tool, according to a ruling issued on Friday.
Ryan Abbott, attorney for the scientist behind the AI tool, Stephen Thaler, expressed opposition to the court’s decision and plans to appeal. Abbott stated in an email that they strongly disagree with the ruling, arguing that copyright should benefit the American public by promoting the creation and dissemination of new works, regardless of their method of production.
The case revolves around Thaler’s development of the “Creativity Machine,” an AI tool capable of generating art. Thaler attempted to register a piece of art titled “A Recent Entrance to Paradise,” with the AI tool identified as the author and himself as the “work-for-hire to the owner of the Creativity Machine.”
Judge Howell emphasized the necessity of human authorship as a fundamental requirement for copyright protection in her decision. However, she also acknowledged that copyright law is entering new territories as artists incorporate AI into their creative processes.
The rise of generative AI presents challenges to copyright laws, as highlighted by cases like Thaler’s. Policymakers are increasingly exploring the implications and complexities of AI’s impact on intellectual property. The Senate Judiciary subcommittee on intellectual property has held hearings to address how AI is reshaping the landscape of intellectual property law.
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