Federal Judge Bars Copyright for Generative AI Works: Human Authorship Required

Aug 21, 2023




Federal Judge Rules Generative AI Works Ineligible for Copyright

Summary

A federal judge has upheld the U.S. Copyright Office’s decision that works produced by generative AI cannot be copyrighted. The ruling came in a case brought by AI developer Stephen Thaler, who challenged the Copyright Office’s rejection of a copyright application for an artwork created solely by an AI system. The judge ruled that human authorship is still a prerequisite for copyright protection.

Introduction

A federal judge has ruled that works created by generative AI are not eligible for copyright protection. The decision was made in response to a case brought by AI developer Stephen Thaler, who challenged the U.S. Copyright Office’s rejection of a copyright application for an artwork created by an AI system. The judge’s ruling supports the Copyright Office’s position that human authorship is necessary for copyright protection under current law.

Main Points

– The Copyright Office rejected a copyright application for an artwork created solely by an AI system, citing the requirement for human authorship and creativity.
– AI developer Stephen Thaler sued, arguing that AI should be considered an author if it meets other requirements.
– The judge ruled in favor of the Copyright Office, stating that human creativity is integral to copyrightability and that new technologies do not change this requirement.
– The ruling maintains the current understanding that machine creation alone is not sufficient for copyright protection, even as technology advances.

Conclusion

The federal judge’s ruling affirms that generative AI works do not qualify for copyright protection without human authorship. The ruling supports the Copyright Office’s position that copyright law aims to encourage human creation for the public good and does not extend to non-human actors like AI. This decision closes the door on AI authorship, unless legislative changes are made to expand copyright protection to AI-generated works.


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