A federal judge has ruled that images generated with artificial intelligence cannot be copyrighted while contrasting them with photography.the U.S. Copyright Office’s decision to deny Stephen Thaler copyright for an image his machine created entitledIn her opinion, Judge Howell contrasted AI images to photography by saying that “a camera may generate only a ‘mechanical reproduction’ of a scene, [it] does so only after the photographer develops a ‘mental conception’ of the photograph.
It was after Thaler had attempted to “complicate the issues” which apparently included comparing cameras to machines that generate AI images. But the judge cited a leading case on copyright authorship, Burrow-Giles Lithographic Company v. Sarony, in which the Supreme Court ruled that there was “no doubt” that protection can be extended to photos so long as “they are representative of original intellectual conceptions of the author.
“Photographer’s decisions like ‘posing the [subject] in front of the camera, selecting and arranging the costume, draperies, and other various accessories in said photograph, arranging the subject so as to present graceful outlines, arranging and disposing the light and shade, suggesting and evoking the desired expression, and from such disposition, arrangement, or representation’ crafting the overall image.” writes Judge Howell.Dr.
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