to Stephen Thaler for an AI-generated image made with the Creativity Machine algorithm he’d created.
Thaler had tried multiple times to copyright the image “as a work-for-hire to the owner of the Creativity Machine,” which would have listed the author as the creator of the work and Thaler as the artwork’s owner, but he was repeatedly rejected. After the Office’s final rejection last year, Thaler sued the Office, claiming its denial was “arbitrary, capricious ... and not in accordance with the law,” but Judge Howell didn’t see it that way. In her decision, Judge Howell wrote that copyright has never been granted to work that was “absent any guiding human hand,” adding that “human authorship is a bedrock requirement of copyright.”Steven Thaler and/or Creativity Machine.
Judge Howell did, however, acknowledge that humanity is “approaching new frontiers in copyright,” where artists will use AI as a tool to create new work. She wrote that this would create “challenging questions regarding how much human input is necessary” to copyright AI-created art, noting that AI models are often trained on pre-existing work.
Stephen Thaler plans to appeal the case. His attorney, Ryan Abbot of Brown Neri Smith & Khan LLP, said, “We respectfully disagree with the court’s interpretation of the Copyright Act,”which also reported a US Copyright Office statement saying it believed the court’s decision was the right one.
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