AI-Generated Art Cannot Be Copyrighted, Rules a US Federal Judge

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AI-generated artwork “lacked human authorship and thus no copyright existed in the first instance.”
Author

synesis

Published

August 19, 2023

US District Judge ruled an AI-generated artwork can’t be copyrighted because it “lacked human authorship and thus no copyright existed in the first instance.”

Wes Davis. August 2023. AI-generated art cannot be copyrighted, rules a US Federal Judge. The Verge. [1]

Previously:

  1. The US Copyright Office issued a registration guidance concerning the copyright status of generative AI: [2]

  2. Henderson et al 2023 from Stanford published paper “Foundation Models and Fair Use”: [3]

Originally posted on LinkedIn.


References

[1] Wes Davis. “AI-generated art cannot be copyrighted, rules a US Federal Judge.” The Verge, August 19, 2023. https://www.theverge.com/2023/8/19/23838458/ai-generated-art-no-copyright-district-court

[2] U.S. Copyright Office. Registration guidance on works containing material generated by AI. Federal Register, 2023. https://public-inspection.federalregister.gov/2023-05321.pdf

[3] Peter Henderson, Xuechen Li, Dan Jurafsky, Tatsunori Hashimoto, Mark A. Lemley, and Percy Liang. “Foundation Models and Fair Use.” 2023. https://arxiv.org/abs/2303.15715