Copyright Denied for AI Art: Implications for Artists and Creators
Published on: March 10, 2024
On December 11, a significant decision was made by the Review Board of the U.S. Copyright Office (USCO) regarding the registration of works created using artificial intelligence. The USCO upheld its refusal to register an AI-generated artwork, reaffirming its stance on the copyright eligibility of AI-created works.
The artwork in question, titled 'SURYAST,' was created by Ankit Sahni using a custom-developed software program named RAGHAV. This marks the fourth instance where a registrant's request to obtain copyright for an AI system's output has been denied after reconsideration requests.
The USCO's decision was based on several key considerations, including the lack of human control in the creation process, inconsistencies in descriptions of the tool (whether it's a mere filter or a more sophisticated generative tool), and questions about whether the expressive elements of 'SURYAST' were authored by a human.
This ruling underscores the ongoing debate about the intellectual property rights of AI-generated works and sets a precedent for how such works are viewed in terms of copyright eligibility. It highlights the complex intersection of AI, creativity, and legal frameworks governing intellectual property.