“That sort of policy is going to stand in the way of people developing machines that are going to make socially-valuable creative works: songs, movies, music. “The United States Copyright Office has a policy of not allowing that sort of work to be protected,” Abbott told dot.LA. Abbott, a partner at L.A.-based law firm Brown, Neri, Smith & Khan, noted that AI-produced artwork is creating significant commercial value, such as an AI-authored painting that sold for $432,000 at auction in 2018. The case arrives as artists are increasingly using AI to help generate artwork, including works produced by autonomous machines.
Thaler listed the program as the artwork’s author and sought a copyright as the machine’s owner. Thaler, the founder of the Missouri-based AI firm Imagination Engines, tried to copyright “A Recent Entrance to Paradise,” a picture that was autonomously created by Creativity Machine’s algorithm without any human help. Copyright Office refused to grant a copyright this month for an image made by an artificial intelligence program called Creativity Machine-ruling that “human authorship is a prerequisite to copyright protection.” The case will now head to federal court as the AI program’s owner, Stephen Thaler, plans to file an appeal, according to Ryan Abbott, a Los Angeles-based attorney representing Thaler. But when it comes to the realm of intellectual property law, artwork made by machines can’t receive copyright protection, a federal agency has decided.
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