As artificial intelligence (AI) evolves, the debate over its role in art intensifies. Does AI stifle creativity, or is it simply a tool for artists to explore new avenues? Digital creators find themselves at this crossroads, where AI serves as an assistive tool to produce everything from photos to videos. However, this raises important questions about the rights of the creators who use such tools.
The Legal Landscape
Currently, U.S. law does not allow for copyright of art created solely by AI. Yet, one artist is challenging this notion in a recent lawsuit. In 2022, Jason Allen attempted to copyright his award-winning image, “Théâtre D’opéra Spatial.” The United States Copyright Office denied his request, stating, “The Board finds that the Work contains more than a de minimis amount of content generated by artificial intelligence (‘AI’), and this content must therefore be disclaimed in an application for registration.” Because Allen refused to disclaim the AI-generated material, the office rejected his application.
The issue arose because Allen used Midjourney, a generative AI tool that converts text prompts into images, without disclosing its use. He argues that the work reflects human authorship, as he utilized his creativity to formulate the prompts. Allen is not alone; the Copyright Office has previously denied numerous applications from artists using Midjourney.
Photo of “Théâtre D’opéra Spatial” : Jason M Allen/ Midjourney
Seeking Justice in Court
Jason Allen is now asking a Colorado federal court to overturn this decision. His attorney claims that “in the months since the final agency action was issued, infringement of the Work has crushed the Plaintiff’s ability to monetize his artistic creation.” The filing details the extensive time and numerous prompts required to create the image, comparing the process to a film director’s multiple takes when crafting a scene. Allen emphasizes that Midjourney lacks independent creativity and could not generate the image on its own.
Since the filing, the U.S. Copyright Office has refrained from commenting, citing pending litigation. Allen aims to secure copyright for his image and recover attorney fees along with any relief the court finds appropriate. This case highlights the differing views between traditionalists in the art world and those who advocate for using technology as a new creative medium.
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