US laws that text and images generated by artificial intelligence are not protected by copyright.
March 16, 2023
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According to the United States Copyright Office (USCO), Images generated by artificial intelligence cannot be copyrighted. USCO states that the level of creativity used in the production of
According to the United States Copyright Office (USCO), Images generated by artificial intelligence cannot be copyrighted. USCO states that the level of creativity used in the production of content is important to grant copyright protection.
USCO compared the instructions given to an AI when creating an image with a customer giving instructions to a commissioned artist. “They determine what the prompter wants to portray, but the machine determines how these instructions will be implemented in its production,” writes USCO. For an agency, AIs like DALL-E follow given orders, so not a person introducing “traditional elements of authorship”. With this understanding, USCO believes that AI-generated images are not copyrightable because users do not exercise full creative control over how systems interpret orders and generate content. According to the firm, it is well known that copyright can only protect material that is the product of human creativity.”
Copyright protection will become more difficult
USCO decision does not rule out use of AI-generated elements receives copyright protection. For example, in January, the agency determined that images generated by Midjourney and used at the Dawn of Dawn headquarters were not copyrighted. However, text, layout, and other elements inserted by Chris Kashtanova, the author of the work, may be copyrighted.
The agency stated that investigations should be carried out on a case-by-case basis to determine if copyright protection is necessary. “This is an individual investigation. If the traditional elements of authorship of a work were created by a machine, the work has no human authorship and the Office will not register it.”
In the meantime, USCO continues to investigate and study issues related to copyright and AI development at the behest of the US Congress. The body will hold several events in the coming months to broaden the discussion on the topic. With the advent of artificial intelligence capable of generating images, text and music, discussions about copyright should remain in vogue for a long time to come.
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Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.