United States District Court Judge Beryl A.Howell has ruled against Artificial Intelligence (AI) generated art being copyrighted.
She made this ruling on Friday while presiding over a lawsuit against the U.S. Copyright Office after it denied copyright to computer scientist Stephen Thaler. Markedly, the 73-years old inventor was seeking to secure a copyright for an AI-generated image made with the Creativity Machine algorithm which he created.
Writers and Creators Fear Redundancy In the AI Era
The judge’s verdict comes amidst a growing concern that AI-generated art will replace human artists and creators. These concerns led to the commencement of a Hollywood writer’s strike and so far, they have completed 100 days of the industrial action. Apparently, these writers are scared that AI will take over scriptwriting.
It is worth noting that Intellectual Property (IP) regulators have continued to uphold the narrative that copyrights are exclusively bestowed upon creations originating from humans. Howell also stated that human beings are an “essential part of a video copyright claim.”
Thaler Sue the U.S. Copyright Office
This is not the first time Thaler has tried to copyright the image “as a work-for-hire to the owner of the Creativity Machine.” Consequently, the move would have the author listed as the creator of the artwork with Thaler as the creator but his requests have constantly been rejected. However, he went on to sue the U.S. Copyright Office after the last rejection in 2022.
Per a statement from Thaler, the ruling of the Office on his request was “arbitrary, capricious … and not in accordance with the law.” His argument did not seem to resonate with Howell who still opines that copyright is not available for any work that does not have the guiding hand of a human.
AI to Make Creators Work Better
Instead of the fear which writers and artists are beginning to have because of the growing adoption of AI, the judge believes that the innovative technology will offer “new frontiers in copyright” where artists will adopt AI as a tool to design new work.
One of the most-widely adopted AI tools changing the narrative of the creative sector is ChatGPT which was introduced by Microsoft-backed AI startup OpenAI. Already, it has been adopted by some blockchains including Solana. Elliptic also uses the AI tool to increase the accuracy and speed of detecting new risks.