As the writers' strike continues in Hollywood, concerns remain regarding the potential use of generative artificial intelligence (AI) to write scripts or at least the first draft, raising questions about intellectual property rights. However, a recent ruling from a federal judge has reinforced the long-standing principle that copyrights are exclusively granted to works generated by humans and that this fundamental concept remains unchanged. In a significant decision, a federal judge upheld the verdict of the US Copyright Office, asserting that artworks created by AI are not eligible for copyright protection, as per The Hollywood Reporter. The ruling emerged as part of a case involving Stephen Thaler's bid to challenge the government's refusal to register AI-generated works. District Judge Beryl Howell's ruling was clear: copyright law has never been intended to safeguard works produced solely by new forms of technology without human intervention.
The ruling underscored the crucial role of human authorship, describing it as a "bedrock requirement" for copyright protection. The ruling was especially relevant in the context of the push for AI-generated works' protection, led by Stephen Thaler, CEO of neural network firm Imagination Engines. Thaler had previously listed an AI system, known as the Creativity Machine, as the sole creator of an artwork named A Recent Entrance to Paradise. This artwork, described as autonomously produced by a computer algorithm, was denied copyright registration by the Copyright Office due to the absence of the vital connection between human creativity and creative expression.
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Thaler's challenge was rooted in his belief that AI could be recognised as an author if it met the necessary criteria, with ownership vested in the AI's owner. However, Judge Howell's ruling rejected this argument, stating that AI-generated works that lack human involvement cannot fall within the scope of copyright protection.
Several precedents echoed this sentiment. The landmark case of Burrow-Giles Lithographic Company v. Sarony established that copyright protection extends to photographs representing original intellectual conceptions of human authors. Similarly, a federal appeals court ruled that a photo taken by a monkey couldn't be copyrighted because animals don't qualify for protection. These cases supported Judge Howell's conclusion that no court has recognised copyright in a work originating from a non-human source.
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