Member Spotlights
The AI Thing No One’s Talking About
Who owns an AI-created image or written work?
As of this writing, the answer is clear: No one owns it.
- If you use AI to write a book anyone can publish the book.
- If you use AI to create an image, anyone can reproduce and sell it.
- If your contract requires you to transfer the copyright to a deliverable, you’re in breach of your contract if you use AI.
Let’s look at the rulings that support this conclusion, starting with the “Monkey Selfie” case.
Naruto, a crested macaque monkey, took selfies with David Slater’s camera. Slater published a book of the selfies. An animal rights group sued claiming that Naruto owned the copyright to the photos. The court ruled that the Copyright Act protects only works created by humans.[1]
In 2019, Steven Thaler tried to register the copyright to an image created by his “Creativity Machine.” He claimed it was a “work made for hire” and therefore, he owned the copyright. The Copyright Office refused to register because it “lacks the human authorship necessary to support a copyright claim.”[2]
More recently, Kris Kashtanova created a comic book using Midjourney to draw images. Her copyright covers only the words and arrangement of the images but does not cover the individual images because they were created using AI.[3]
Bottom line: If ownership and exclusive rights to a work aren’t important, go ahead and use AI but, if you don’t want anyone to use or reproduce what you create or you’re contractually obligated to deliver copyrightable content, then stay away from AI.
[1] Naruto v. Slater, 888 F.3d 418, 426 (9th Cir. 2018)
[2] Initial Letter Refusing Registration from U.S. Copyright Office to Ryan Abbott (Aug. 12, 2019). Thaler requested reconsideration. Registration was denied because Thaler never submitted any evidence of sufficient creative input or intervention by a human author.
[3] The Copyright Office initially granted a copyright to the entire comic book. That initial grant was later reconsidered when it became clear that the images had been created using AI.
Link to original article: https://beelinelegal.wordpress.com/2023/03/13/the-ai-thing-no-ones-talking-about/
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