U.S. COPYRIGHT LAW DOES NOT RECOGNIZE WORKS CREATED SOLELY BY ARTIFICIAL INTELLIGENCE AS ELIGIBLE FOR PROTECTION.


Thaler- The Entrance to Paradise


Copyright laws have traditionally protected works created by humans. Recently, Stephen Thaler attempted to secure a copyright for a work generated by his AI. In the present case, he is the owner of a system called the “Creativity Machine,” while the AI itself is the claimed author of the artwork titled “A Recent Entrance to Paradise.”

The “Creativity Machine” is an AI system that autonomously creates original pieces of art from existing images using algorithms, without any human intervention.

Thaler’s application for copyright registration of the AI-generated work was rejected by the United States Copyright Office (USCO). The USCO affirmed that copyright law protects only "the fruits of intellectual labor" that are "founded in the creative powers of the [human] mind."

Under Section 306 of the U.S. Copyright Act, copyright protection extends to “original works of authorship” (17 U.S.C. § 102(a)). To qualify as a “work of authorship,” a work must be created by a human being. Works that do not meet this requirement are not copyrightable.

According to the U.S. Copyright Office:

“The Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.”
— Report to the Librarian of Congress by the Register of Copyrights, 1966

Previously, Thaler also attempted to designate one of his AIs, DABUS, as an inventor by filing a patent application. While the U.S., U.K., and E.U. patent offices rejected the application, an Australian judge recognized DABUS as an inventor.



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