AI-generated art cannot receive copyright protection, court rules

A federal appeals court has ruled that art created by artificial intelligence (AI) cannot be copyrighted. The decision emphasizes that at least some human authorship is necessary for a work to gain copyright protection. This ruling came after computer scientist Stephen Thaler sought copyright for his painting “A Recent Entrance to Paradise,” which was made by his AI platform called the "Creativity Machine." The U.S. Copyright Office rejected his application in 2019 because it did not meet the requirement for human authorship. The three-judge panel stated that only a human can be the author of a work under copyright law. They clarified that this does not stop works made with AI assistance from being copyrighted, as long as a human was involved in some way. The Copyright Office has allowed registration of works created by human authors who used AI, but Thaler’s case was different because he claimed the AI was the sole author. Thaler, who created the painting in 2012, argues that his AI is capable of independent thought and creativity. His lawyer plans to appeal the decision, claiming it raises important questions about the future of copyrights in an age of advanced technology. The court’s decision highlighted ongoing discussions about the role of AI in creative fields. It suggests that as AI technology improves, the definitions of authorship and copyright may need to adapt to these changes. Despite the ruling, Thaler remains determined to pursue copyright for his painting. He believes that there should be some form of protection for works created by machines.