A federal judge in the United States has ruled that art created by AI is not copyrightable.

Art produced entirely by an AI model is not copyrightable, a federal judge in the United States has ruled. According to Beryl A. Howell of the DC District Court, a human being is essential to claiming copyright.

paradise lost

The ruling comes after Stephen Thaler of Imagination Engines, an artificial neural network company, filed a copyright lawsuit, with the AI ​​model Creativity Machine being the sole creator of the 2018 artwork A Recent Entrance to Paradise.

The Copyright Office dismissed the lawsuit, arguing that the connection between the human spirit and creative expression is a critical element of copyright protection. Judge Howell now followed this reasoning with the presidency.

AI as an employee

Thaler sees himself as the owner of the rights to the artwork. He sees the Creativity Machine working for him. He believes that AI should be viewed as a full-fledged entity that creates things and where the rights reside with the owner of the system.

Judge Howell reasoned, among other things, that Thaler had previously been unable to produce a similar legal example in his favour. So no copyright has ever been granted for anything that had no human connection.

This is not the first time such a case has been heard. Three years ago, the European Patent Office rejected two applications for the same reason, lack of human factor. AI and copyright lawsuits tend to go the other way. For example, there is currently a risk that OpenAI will receive a lawsuit from the New York Times.