August 21, 2023

Federal Judge Rules AI-Generated Works Are Not Copyright-Protected

A federal judge has recently ruled that AI-generated art is not available for copyright protection. This blog discusses the news and the evolving legal landscape that surrounds generative AI.

AI in the Courtroom

U.S. District Judge Beryl Howell recently brought his opinion to bear on a U.S. Copyright Office finding that artwork created by AI is not eligible for copyright protection. In his ruling, the judge stressed that copyright laws had never included works generated entirely by technology, without the intervention of any human guidance.

The hearing itself did not concern artwork generated in collaboration between human and AI—just work produced solely by computer programs. As a result, it still leaves some generative content in a gray area.

Today, it is not really possible to produce high-quality AI-generated content solely by leaving the computer to its own devices. On the other hand, a skilled prompt engineer is often needed to guide and steer the AI to reach a desirable result.

The Future of AI Copyright

Many human creators are justified in their concern that AI will automate the creative tasks at the core of their occupations.

Generative AI raises the specter of fully automated creative production, with anything from text to images capable of being rapidly generated. And yet, it will be some time before we reach this reality. In the meantime, these same creators can leverage AI to optimize their process.

Many visual artists and writers are now turning to generative AI to supplement their creative work with state of the art models. What is emerging is not a field of content authored solely by humans or computers, but created by what Aragon has called hybrid digital labor.

As generative AI continues to develop, creators in the enterprise and beyond will continue to adapt these tools into their workflows, probably before copyright law catches up.

Bottom Line

The new decision about AI-generated art copyright provides some protection for artists and creators, but it fails to address the nuances of how hybrid digital labor is transforming the workplace. For now, the legal landscape surrounding generative AI still remains somewhat murky.