US Judge Denies Copyright for AI-Created Art

Washington, D.C., August 20, 2023

In a controversial court decision, U.S. District judge Beryl Howell recently upheld the U.S. Copyright office’s view that it refuses to provide copyright protection for artworks generated solely by artificial intelligence (ai). This decision has a significant impact on the discussion around copyright in an era of technological development.

This decision comes more than 100 days after the start of the hollywood writers’ strike, which has sparked fears of a possible scriptwriting takeover by ai. Nonetheless, the decision is in line with established intellectual property rules, which stipulate that copyright is only granted to works derived from human creativity.

This decision came in response to a legal case filed by Stephen Thaler, CEO of imagination engines, a neural network company. Thaler argued that an AI that meets the criteria of authorship should be considered an author, and therefore the ownership rights to the work should belong to the owner of the AI system.

However, judge Howell emphasized that copyright principles focus on the important role of humans as creators. This ruling was supported by earlier cases, such as burrow-Giles lithographic company v. Sarony, which underscored the protection of works that arise from human ideas. Even other cases have established that copyright cannot be granted to photographs taken by animals.

Judge Howell in his judgment underlined the concept that copyright and patents are designed to encourage human creativity and innovation. This aims to motivate the creation of art and science by providing legal protection to creators. The ruling also highlights the debate about ai companies using copyrighted content for training, with several cases of lawsuits filed in California by artists who felt their copyrights were infringed.

In conclusion, judge Howell’s decision shifts the conversation about copyright in the context of artificial intelligence. Although art produced by ai does not qualify for copyright protection, this ruling emphasizes the importance of human creativity in preserving intellectual property. The discussion on the role of ai in the context of law and creativity continues to evolve as the technology becomes more sophisticated.

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