Federal Judge Upholds Finding AI-Created Art Isn't Copyrightable

On August 18th, a federal judge upheld the finding that art generated by Artificial Intelligence (AI) is not open to copyright protection. The finding was first delivered by the U.S. Copyright Office back in March 2023. U.S. District Judge Beryl Howell‘s ruling was to turn down Stephen Thaler‘s bid challenging the government’s stance refusing to register works created by AI.

Thaler has been the main driving force behind getting the generated work protected by copyright. He is the Chief Executive of the neural network firm, Imagination Engines. In 2018 he listed the artwork “A Recent Entrance to Paradise,” as being solely created by the AI system, Creativity Machine. The Copyright Office denied his application for copyright protection, on the grounds the artwork lacked “human authorship.” Thaler sued the Copyright Office, claiming that as he owned the system, the rights should transfer to him.

Judge Howell upheld the Copyright Office’s opinion on the whole ordeal, stressing “Human authorship is a bedrock requirement.” This is not the first time Copyright Law was challenged, but various courts have all came to the same conclusion. If it was not made by a human being from start to finish, it should not be protected. “In the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the Register: NO,” Howell wrote.

The unregulated use of AI has been a major point of contention for the WGA and SAG-AFTRA strikes. Perhaps the fact the federal government is not going to change their stance, will nudge the AMPTP during negotiations.