In a pioneering move, artist Jason M. Allen, Founder & CEO of Art Incarnate, filed a Request for Reconsideration with the US Copyright Office, contesting its initial refusal to grant copyright protection to his AI-assisted artwork, Théâtre D’opéra Spatial. Allen’s legal team asserts that AI’s use in art creation is a valid artistic expression and deserves equal copyright protection as traditional art forms.
The Copyright Office’s refusal appears based on a misunderstanding of Allen’s creative process and the standards in the Compendium of US Copyright Office Practices. The Copyright Office stated, “We have decided that we cannot register this copyright claim because the deposit does not contain any human authorship; instead, the deposit contains only material that your client solicited from an artificial intelligence art-generator.” Allen’s legal team highlights that the refusal considered irrelevant factors that should not have been considered during the examination, like artistic merit, effort, and skill.
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Tamara Pester Schklar, Allen’s intellectual property attorney, states, “We believe this refusal of registration is inappropriate, and we have submitted a request for reconsideration. We believe that AI should be treated like any other tool available to artists. The Copyright Office has previously said that only humans can be creators of original works. By suggesting that AI is the primary creator of Mr. Allen’s work, the Copyright Office is contradicting itself, as well as straying from well-established precedent which allows humans who have used novel tools to create a work, to own the copyright in that original work.”
The Request for Reconsideration underlines public policy’s significance in granting copyright protection to AI-assisted art. Allen’s legal team emphasizes that AI tools enable more artists to express their ideas and level the playing field for those lacking innate traditional artistic abilities. They argue that the market, not the Copyright Office, should determine the value of a work created using AI tools versus traditional methods.
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Protecting AI-assisted artwork copyrights encourages AI art community growth, innovation, and fair compensation for creators. Registering AI-assisted artwork with the Copyright Office clarifies legal rights and responsibilities, helping determine ownership and potential profit division.
As the debate surrounding the copyrightability of AI-assisted art continues, Jason M. Allen’s Request for Reconsideration is a crucial step towards redefining artistic expression and the role of technology in the creative process.
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