AI Art is not protectable by Copyright (for now)

A US federal judge has just ruled that AI-generated art cannot be copyrighted. The ruling, which was handed down on August 18, 2023, is a major setback for computer scientist Stephen Thaler, who had filed a copyright application for an image created by his AI system, DABUS.

In her ruling, Judge Beryl Howell of the US District Court for the District of Columbia said that copyright law requires that a work be the product of "human authorship." She found that DABUS did not meet this requirement, as it was a machine learning algorithm that created the image without any human input.

The ruling is a significant development in the field of IP law, as it raises questions about the copyrightability of works created by AI. It is also likely to have a chilling effect on the development of AI-generated art, as creators may be less likely to invest time and resources in creating works that they cannot protect under copyright law.

The ruling is not the final word on the issue of AI-generated art copyrightability. Thaler has said that he plans to appeal the decision, and it is possible that the ruling could be overturned by a higher court. However, the ruling is a major setback for Thaler and other advocates for AI-generated art copyright protection.

The ruling also raises important questions about the future of IP law in the age of AI. As AI becomes increasingly sophisticated, it is likely that machines will be able to create works that are indistinguishable from those created by humans. This raises the question of whether copyright law should be amended to protect works created by AI.

The ruling in Thaler v. Register of Copyrights is a major development in the field of IP law, and it is likely to have a significant impact on the future of AI-generated art. It is a reminder that copyright law is a complex and evolving area, and that it must be adapted to the changing technological landscape.