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U.S. “Images created by AI cannot be recognized for copyright”

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Recently, interactive artificial intelligence (AI) ‘ChatGPT’ has attracted great interest, and copyright infringement controversy surrounding generative AI is also hot.

According to Reuters, on the 22nd (local time), the U.S. Copyright Office decided that cartoon images created with ‘Midjourney’, an image-generating AI, cannot be copyrighted. However, even if the author used image-generating AI, he said that copyright can be acknowledged for the way text and images are arranged within the cartoon. This decision is known as the first decision by a US court or institution to determine the scope of copyright protection for works created by AI.

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In September of last year, New York-based Chris Kashtanova’s 18-page comic “Zarya of the Dawn,” drawn using Midjourney, was approved by the Copyright Office for copyright, and controversy erupted in earnest. Midjourney is an AI that creates a picture when the user inputs the desired image in words or sentences. Kashtanova conceived the contents of the cartoon and inputted it to Midjourney, who then created it as a cartoon work.

In September of last year, the Copyright Office recognized the copyright of the author for the entire novel, but in October of the same year, it said that it would review the copyright registration because the role of Midjourney in the cartoon was not revealed.

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On this day, the Copyright Office pointed out that “Midjourney is different from other artists’ tools because the artist cannot predict the result.” The Copyright Office then announced, “We will reissue the copyright for Zarya of the Dawn except for images that cannot be copyrighted because they are not the product of a human artist.”

Regarding the Copyright Office’s decision, Kashtanova said, “It is good news that the method of placing text and images is recognized as copyright,” adding, “It will be used for various purposes in the AI ​​art community.” She also added that “the image itself (drawn by AI) is a direct expression of my creativity, so I am thinking about how I can go through with the claim that it is copyrighted.”

The Midjourney side is also in a welcome position. “It’s a huge win for Midjourney and the artists,” said company attorney Max Seals.

Source: Donga

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