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Copyright, AI and Artistic Expression: Grappling with a New Reality in the World of Artificial Intelligence

Sep 08, 2023 - natlawreview.com
The U.S. Copyright Office and courts are grappling with the issue of copyrighting AI-generated art. A D.C. federal judge dismissed a case where artist Stephen Thaler appealed the Copyright Office's decision not to grant copyright to an AI-generated artwork, stating that “human authorship” was a prerequisite for copyright protection. However, the Copyright Office reversed its stance in the case of an AI-created comic book, "Zarya of the Dawn," granting copyright for the human author's creative expression, but excluding the AI-generated images.

Meanwhile, a class action lawsuit is pending against generative AI platforms for "scraping" the internet and using artists' work to generate AI art without prior consent. Getty Images has sued Stable Diffusion, an AI image creator, alleging it stole 12 million artworks. Open AI, co-owned by Microsoft, is arguing that its use of web datasets to train its program constitutes "fair use," not unauthorized derivative works. The New York Times is reportedly considering a copyright infringement suit against Open AI for using its reporting.

Key takeaways:

  • The U.S. Copyright Office and courts are grappling with the issue of copyrighting AI-generated art, with a D.C. federal judge ruling that "human authorship" is a prerequisite for copyright protection.
  • The Copyright Office reversed its stance in the case of an AI-created comic book, "Zarya of the Dawn," issuing a new certificate that excluded AI art but included human creative expression in the form of text and image arrangement.
  • There is a pending class action lawsuit by human authors against AI platforms for "scraping" the internet and using artists' work as a basis for generating AI art without prior consent.
  • Getty Images has sued Stable Diffusion, an AI image creator, alleging that the program stole 12 million artworks. Meanwhile, Open AI, co-owned by Microsoft, is arguing that its use of web datasets to train the program constitutes "fair use."
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