Showing posts with label human authorship. Show all posts
Showing posts with label human authorship. Show all posts

Saturday, March 14, 2026

Perspective: No copyright for AI-generated content; Northern Public Radio, March 13, 2026

 David Gunkel, Northern Public Radio; Perspective: No copyright for AI-generated content

"What the courts actually decided is that neither the AI system nor the human who uses it counts as the author of the resulting work. Simply prompting ChatGPT or Claude to produce something isn’t considered the kind of creative activity that copyright law recognizes as authorship. And that creates an unexpected result. If neither the AI nor the human user is the author, then the work has no author at all. In effect, AI-generated images, music, and text become “orphan works”—creations that belong to no one. And that means that anyone can use them."

Thursday, March 5, 2026

A Long-Running AI Copyright Question Gets an Answer as Supreme Court Stays Mum; CNET, March 4, 2026

 Omar Gallaga, CNET ; A Long-Running AI Copyright Question Gets an Answer as Supreme Court Stays Mum

The man behind the AI-generated image in question reflects on what he calls a "philosophical milestone."

"A legal battle over AI copyright that has gone on for more than a decade may have reached its end, with the US Supreme Court declining to hear a case involving AI-generated visual art...

In an email to CNET, Thaler said that although the court declined to hear his appeal, "I see this moment as a philosophical milestone rather than a defeat."

While he's unsure if legal action will continue, Thaler says he's still certain that the law on copyright, as written, is intended to exclude nonhuman inventors.

"By bringing DABUS into the legal system, I confronted a question long confined to theory: whether invention and creativity must remain tied to humans or whether autonomous computational processes could genuinely originate ideas," Thaler said."

Tuesday, March 3, 2026

US Supreme Court declines to hear dispute over copyrights for AI-generated material; Reuters, March 2, 2026

 , Reuters; US Supreme Court declines to hear dispute over copyrights for AI-generated material

"The U.S. Supreme Court declined on Monday to take up the ​issue of whether art generated by artificial intelligence can be copyrighted under U.S. law, turning ‌away a case involving a computer scientist from Missouri who was denied a copyright for a piece of visual art made by his AI system.

Plaintiff Stephen Thaler had appealed to the justices after lower courts upheld a U.S. Copyright Office ​decision that the AI-crafted visual art at issue in the case was ineligible for copyright protection ​because it did not have a human creator."

Tuesday, November 4, 2025

Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works; IP Watchdog, November 3, 2025

 ROSE ESFANDIARI , IP Watchdog; Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works

"On Friday, October 31, Professors Shlomit Yanisky-Ravid, Lawrence Lessig and a number of other professors and researchers filed an amicus brief with the U.S. Supreme Court in support of Dr. Stephen Thaler’s petition for a writ of certiorari in Thaler v. Perlmutter, urging the Court to grant certiorari and recognize copyright protection for works generated by artificial intelligence (AI).

The brief argued that “excluding AI-generated works from copyright protection threatens the foundations of American creativity, innovation, and economic growth,” warning that the lower court’s interpretation, which requires human authorship, disregards the “spirit of the Copyright Act.”"

Wednesday, March 19, 2025

DC Circuit rules AI-generated work ineligible for copyright; Courthouse News Service, March 18, 2025

 , Courthouse News Service; DC Circuit rules AI-generated work ineligible for copyright

"In a landmark opinion over the copyrightability of works created by artificial intelligence, a D.C. Circuit panel ruled on Tuesday that human authorship is required for copyright protection.

As AI technology quickly advances and intertwines with human creations, the unanimous opinion lays down the first precedential marker over who or what is the author of work created solely by artificial intelligence under copyright law.

The case stems from Dr. Stephen Thaler, a computer scientist who creates and works with artificial intelligence systems and created a generative artificial intelligence named the “Creativity Machine.”"

Friday, December 15, 2023

Copyright Board Upholds Latest Refusal to Register AI Generated Art; The Fashion Law (TFL), December 12, 2023

  ; Copyright Board Upholds Latest Refusal to Register AI Generated Art

"The Office primarily refused to register the work on the basis that it “lacks the human authorship necessary to support a copyright claim.” Specifically, the Office stated that despite Sahni’s claim that the work includes some human creative input, the work is not registrable, as “this human authorship cannot be distinguished or separated from the final work produced by the computer program.” 

Following an initial request for reconsideration, in which Sahni argued that “the human authorship requirement does not and cannot mean a work must be created entirely by a human author,” the Copyright Office again concluded that the work could not be registered, as it “is a derivative work that does not contain enough original human authorship to support a registration.” The Office found that “the new aspects of the [SURYAST] work were generated by ‘the RAGHAV app, and not Mr. Sahni – or any other human author,'” making it so that the “derivative authorship was not the result of human creativity or authorship” and therefore, not registrable."

Friday, June 30, 2023

Copyright Office: Sorry, but you probably can’t protect your AI-generated art; Fast Company, June 30, 2023

 JESUS DIAZ, Fast Company; Copyright Office: Sorry, but you probably can’t protect your AI-generated art

"Well, there’s nothing to see here, folks. You don’t need any of the generative AI tools in our weekly roundup because they will produce stuff you don’t really own. At least that’s what the United States Copyright Office (USCO) says. The federal agency doubled down on its AI doctrine during a recent webinar, labeling anything produced by AI as “unclaimable material.”

In other words, anything that comes out of an AI program can’t be protected under copyright law and will not be accepted even if it’s included in a work created by a human. So those extra trees and mountains you added to your landscape photo with Photoshop Firefly beta? They are not yours, sorry.”

Robert Kasunic of the USCO says, “The Office will refuse to register works entirely generated by AI. Human authorship is a precondition to copyrightability.” But it’s more complicated than that. As Petapixel reports, USCO will register your images if they are modified with AI, but you will have to declare which parts are made using AI, making them “unclaimable, essentially discounting them” from the copyright protection. Kasunic went on to say that USCO believes that using any AI to generate content is akin to giving instructions to a commissioned artist.

How will USCO enforce this policy in a world where generative AI work is practically undetectable? It’s a question that only has one obvious answer: LOL."