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AI-Generated Art Loses Copyright Protection, Supreme Court Declines Review

▼ Summary

– The US Supreme Court declined to hear a case on copyrighting AI-generated art, letting a lower court’s ruling stand.
– This upholds the legal principle that “human authorship is a bedrock requirement” for copyright protection in the US.
– The case originated from computer scientist Stephen Thaler’s failed attempt to copyright an image created by his algorithm.
– The US Copyright Office has previously ruled that AI-generated artwork lacks the necessary human authorship for copyright.
– Similar legal determinations have been made regarding AI and patents, stating AI systems cannot be listed as inventors.

The legal landscape for artificial intelligence has reached a pivotal moment, with the US Supreme Court declining to review a case that sought copyright protection for AI-generated artwork. This decision effectively upholds the current legal standard that requires human authorship for copyright, leaving creations produced solely by algorithms without this key legal safeguard. The case originated with computer scientist Stephen Thaler, who attempted to copyright an image titled “A Recent Entrance to Paradise” on behalf of an AI system he created.

In 2019, the US Copyright Office rejected Thaler’s application, a position it reaffirmed in 2022 after a review. The office concluded the work lacked the necessary “human authorship” to qualify for protection. Thaler pursued the matter through the courts, where US District Court Judge Beryl A. Howell delivered a definitive 2023 ruling. The judge stated that “human authorship is a bedrock requirement of copyright,” a principle later upheld by a federal appeals court in Washington, DC.

Thaler subsequently petitioned the Supreme Court, arguing last October that the lower court rulings “created a chilling effect on anyone else considering using AI creatively.” The Court’s refusal to hear the appeal lets the prior decisions stand, reinforcing the Copyright Office’s existing guidance. That guidance explicitly states that artwork generated by AI from text prompts does not qualify for copyright protection.

This Supreme Court action follows a series of similar legal challenges by Thaler regarding the intellectual property status of AI output. Parallel rulings have emerged in patent law, where courts and the US Patent Office have determined that AI systems cannot be listed as inventors on patents, as they are not human. However, officials have clarified that individuals using AI-powered tools in the invention process can still obtain patents. The UK Supreme Court has issued a comparable ruling in a separate case also brought forward by Thaler, indicating a growing international consensus on this foundational issue.

(Source: The Verge)

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