US Agency: Images Produced by AI Are Not Entitled to Copyright Protection

According to the Reuters news agency, the U.S. Copyright Office declared that book images produced with the artificial intelligence (AI) tool Midjourney shouldn’t have been granted copyright protection. A copyright is a type of legal protection that prevents other individuals from using works that belong to the creators or copyright holders. Kristina Kashtanova, author of Zarya of the Dawn, will be able to obtain a copyright for the portions of the book that she ordered and wrote. But she will not acquire copyright protection for photographs she generated using Midjourney, the office said in its letter.

This ruling is among the first regarding copyright protection for works produced with artificial intelligence by a U.S. court or agency. The choice is made at a time when textual and other materials are created using AI programs like ChatGPT, Dall-E, and Midjourney. In a letter, the Copyright Office announced that it will amend Zarya of the Dawn’s registration to exclude any images that are not human-made. A request for comment from the research lab Midjourney was not immediately answered. Regarding the ruling, the Copyright Office remained silent.

That she retained copyright for her narrative and the way the photographs were arranged was hailed as “great news” by Kashtanova. She continued by saying that she and her attorneys were thinking about the best way to continue their dispute. They contend that because the pictures were a “direct expression” of Kashtanova’s “creativity,” they were protected by copyright. An AI system called Midjourney uses written instructions to generate visuals. Zarya of the Dawn’s narrative was written by Kashtanova, and Midjourney followed her instructions to produce the book’s illustrations.

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