An artist who infamously duped an art contest with an AI image is suing the U.S. Copyright Office over its refusal to register the image’s copyright.
In the lawsuit, Jason M. Allen asks a Colorado federal court to reverse the Copyright Office’s decision on his artwork Theatre D’opera Spatialbecause it was an expression of his creativity.
Reuters says the Copyright Office refused to comment on the case while Allen in a statement complains that the office’s decision “put me in a terrible position, with no recourse against others who are blatantly and repeatedly stealing my work.”
So if I tell the ai - create a canvas 12" x 12" and put 00FF13 colored paint via a 1" brush aligned 13 degrees in the upper left quadrant 2 inches down and to the right, then another in the bottom right quadrant 3" from the bottom and 2" from the right of 1200FF paint, is that not way more specific than buying paint at a store, doing some guestimation mixing of colors and splattering some on a canvas haphazardly?
Just trying to understand where the line of ML assisted art becomes non-artistic/non-copywritable. Is there a technical criteria? what about artists woh use Photoshop with ML derived filters for their final product? are those also not owned by the artist the moment that the ml tool is applied?
What if you create the model yourself with only your own training data? e.g. you are the only sole creator of the entire tool/model itself.
So many possibilities that create questions…
The cases where copyright was denied involved prompt-driven generative AI. At some point the artist admitted that some of the creative decisions were made by the AI.
In your first example, you made all the creative decisions. The same is true of many filters, for example if I apply a “50s cinema filter” then I know exactly what it will do.
On the other hand, if you tell the AI to “add some clouds to the image” and the algorithm decides where they go, then the sky it produces is not protected. Only the elements you controlled are.