An old master? No, it’s an image AI just knocked up … and it can’t be copyrighted

[Still Waters]

The use of AI in art is facing a setback after a ruling that an award-winning image could not be copyrighted because it was not made sufficiently by humans.

The decision, delivered by the US copyright office review board, found that Théâtre d’Opéra Spatial, an AI-generated image that won first place at the 2022 Colorado state fair annual art competition, was not eligible because copyright protection “excludes works produced by non-humans”.

Artist Jason Allen claimed his use of the online AI-platform Midjourney allowed him to claim authorship of the image because he “entered a series of prompts, adjusted the scene, selected portions to focus on, and dictated the tone of the image”. But the board ruled that “if all of a work’s ‘traditional elements of authorship’ were produced by a machine, the work lacks human authorship, and the Office will not register it”.

https://www.theguardian.com/technology/2023/sep/24/an-old-master-no-its-an-image-ai-just-knocked-up-and-it-cant-be-copyrighted