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Autonomous work of AI does not come under the ambit of US Copyright Laws.


Thaler- The Entrance to Paradise


Copyright laws have a reputation for protecting the works created by humans. Besides, Stephen Thaler attempted to get a copyright for one of the works of his AI. In the present application, he is the owner of a “creativity machine”, whereas AI is the author of the artwork “The recent Entrance to Paradise”.


In a “Creativity machine”- an AI autonomously, with the help of an algorithm, can create a new piece of art from existing images without any interference from humans.


Thaler’s application for registration of copyright of a work of an AI got rejected by the USCO board. The USCO board affirmed that copyright law only protects  "the fruits of intellectual labor" that "are founded in the creative powers of the [human] mind."


As,U.S. Copyright Act’s Section 306, protects “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. Furthermore, Works that do not satisfy this requirement are not copyrightable.


“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.” U.S. COPYRIGHT OFFICE, REPORT TO THE LIBRARIAN OF CONGRESS BY THE REGISTER OF COPYRIGHTS 5 (1966).


Heretofore Thaler applied for a designation of an inventor for one of his created AI, called DABUS, by filing a patent application. Although US, UK, and EU offices have rejected the application. But an Australian judge recognised DABUS as an inventor.


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