In a decision that is unsurprising but important, the DC Circuit Court of Appeals affirmed that “authors,” as defined in U.S. Copyright Act, are human beings and not machines that can autonomously generate works. I say unsurprising because nothing in history or statute should have led the court to any other conclusion, and indeed the opinion can be summed up ...

Last February, the U.S. Copyright Office rejected the registration application filed by Stephen Thaler for a visual work entitled “A Recent Entrance to Paradise.” Thaler averred that the image was generated by an AI he designed called “Creativity Machine,” and on that basis, the Office affirmed the longstanding doctrine that copyright rights only attach to works of human authorship. In ...

Plenty is being said about AI systems that generate visual works, written works, music, etc. And plenty more will be said, especially now that lawsuits have been filed against some of the AI-generated image companies. In this post, I want to address a misconception about authorship in copyright law that may be warping the AI conversation. As I understand the ...

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