In a landmark decision on August 18, 2023, U.S. District Judge Beryl A. Howell reigned that artwork solely generated by artificial intelligence (AI) cannot be copyrighted. The ruling follows a lawsuit against the US Copyright Office, which previously rejected a copyright request from Stephen Thaler for an image created with his Creativity Machine algorithm.
Judge Howell’s ruling stressed out the fundamental premise of copyright law by noting that it has “never been bestowed on work which did not have ‘a single guiding human hand'” and that “human authorship is a fundamental requirement of copyright law”. Both statements were made in reference to the fact that copyright “has never been granted to work that did not have ‘a single guiding human hand’.” Even with technological advances continuing, this position is consistent with the position of the United States Copyright Office, which maintains that the only “works of human creation” are entitled to legal protection under copyright laws.
The case received a lot of attention due to Thaler’s repeated attempts to register the AI-generated photo “as a work-for-hire for the owner of the Creativity Machine”. If this had been effective, it would have recognized the AI as the author, while Thaler would have retained ownership of the work. However, none of his efforts were successful as they were all met with failure.
Lawyer Ryan Abbot of Brown Neri Smith & Khan LLP, representing Stephen Thaler, has said he disagrees with the court’s reading of the Copyright Act and has suggested appealing the verdict.
This ruling highlights the ongoing dispute over AI and copyright, which is especially relevant given that AI continues to play an increasingly important role in creative industries. As artificial intelligence (AI) technology and their applications in art and other industries increase, the legal environment is expected to encounter further obstacles and evolve as a result.
For now, the message is clear: While AI can be a tool for creation, the human element remains central to the concept of copyright in the United States.
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