- The U.S. Copyright Office has revoked the copyright protection for AI-generated images in a graphic artist’s comic book, Zarya of the Dawn.
- Kris Kashtanova, the artist, was granted the first-ever U.S. copyright registration for AI-generated artwork last year.
- The Copyright Office has stated that while Kashtanova is entitled to copyright protection for the parts of the book she wrote and arranged, she cannot copyright the individual AI-generated images.
- Kashtanova’s attorneys are exploring ways to demonstrate that her Midjourney-generated images are a direct representation of her creativity and should be eligible for copyright protection.
- Kashtanova expressed disappointment with the decision in a post on Instagram but was pleased that the U.S. Copyright Office allowed copyright protection for the story and arrangement of images in her book.
Last year, a graphic artist was granted the first-ever U.S. copyright registration for artwork generated by artificial intelligence (AI). However, the copyright protection for these images has since been revoked. The U.S. Copyright Office reviewed its decision to grant Kris Kashtanova copyright protection in September for her comic book Zarya of the Dawn, which included pictures created by the AI image generator Midjourney.
U.S. Copyright Office rules that AI-generated images are not eligible for copyright protection
The office has now stated in a letter to Kashtanova’s lawyer that while she is entitled to copyright protection for the parts of the book that she wrote and arranged, she cannot copyright the individual AI-generated images.
“Ms. Kashtanova is the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements,” the U.S. Copyright Office stated.
The U.S. Copyright Office stated that the AI-generated images in the artwork are not a result of human authorship and therefore should not have been granted copyright protection.
“Registration originally granted for them has been canceled,” they added.
To support its decision, the Copyright Office referred to previous cases where individuals were unable to copyright certain works that listed “non-human spiritual beings” or animals as the author, as well as the well-known case where a monkey took a selfie.
The Copyright Office stated that it was not aware that the images in Kashtanova’s Zarya of the Dawn were generated by Midjourney when the registration was granted. The Copyright Office only became aware of this after investigating Kashtanova’s social media posts.
Kashtanova shared her disappointment in a post on Instagram, expressing that she is unhappy with the decision made by the U.S. Copyright Office not to recognize the copyright of the AI-generated images in her comic book.
A.I. assisted comic book (issue #1) I made, the copyright in the U.S. is still in force and we're waiting for the Copyright Office to make a decision if I can keep it, if it was a substantial human input. I'll keep you updated when I hear from them. More pages in the thread. pic.twitter.com/7oAuEFl9ME
— Kris Kashtanova (@icreatelife) January 22, 2023
“I think they didn’t understand some of the technology so it led to a wrong decision. It is fundamental to understand that the output of a Generative AI model depends directly on the creative input of the artist and is not random,” Kashtanova stated.
Kashtanova mentioned that her legal team is exploring options to demonstrate to the U.S. Copyright Office that her Midjourney-generated images are a direct representation of her creativity and should, therefore, be eligible for copyright protection.
Despite her disappointment, Kashtanova also stated that she was pleased with the decision made by the U.S. Copyright Office to allow copyright protection for the story and arrangement of images in Zarya of the Dawn, calling it “great news.” She believes that this decision will be beneficial for those in the AI art community, covering a wide range of uses.
If you are into digital creations, don’t forget to explore the boundaries of AI art!
