Report: AI-Created Images Losing US Copyright Protection

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Facts

  • The US Copyright Office has stated that images created by the AI system Midjourney for the graphic novel "Zarya of the Dawn" by Kris Kashtanova should not be granted copyright protection.
  • A letter sent to the author's lawyer, Robert Kasunic, revealed that although Kashtanova was the "author of the Work's text" and determined the "selection, coordination, and arrangement" of the written and visual elements of the novel, the images could not be copyrighted because they were "not the product of human authorship.”
  • Kashtanova applied for copyright protection in Sept. 2022 without disclosing that the illustrations were made by an AI image generator. The letter cited cases where animals have taken photos that were not covered by copyright law in the US to justify the copyright office’s decision.
  • Kashtanova claimed that copyright laws should protect the artwork, considering that each artist created a different text prompt yielding different images. Kashtanova stated that she was "disappointed" and that the "wrong" decision may have come from a lack of understanding surrounding the new technology.
  • At the same time, the author said it was "great news" that features — including the novel's story and the way the images were arranged — were granted copyright protection. The decision is one of the first by a US court or agency surrounding AI art amidst an explosion of interest in the topic.

Sources: Reuters, Verge, Forbes, and Fortune.

Narratives

  • Narrative A, as provided by FT. It’s important to protect creative individuals from having their work copied by AI. Although it’ll be impossible to stop all artistry done by AI, the financial loss could be significant for human artists. It’s up to the public sector to establish the proper legal framework to prioritize the well-being of real-life humans.
  • Narrative B, as provided by Smithsonian Magazine. AI isn’t violating copyright laws. Like human artists, technology draws inspiration and guidance from work previously done by other artists and then produces its own, unique content. This is the very definition of fair use.