Art
AI-generated art can be copyrighted, say US officials – with a catch
The US Copyright Office will consider an AI-generated work copyrightable if a human can prove they themselves put a meaningful amount of creative effort into the final content, according to a policy published on Thursday.
AI software capable of automatically generating images or text from an input prompt or instruction has made it easier for people to churn out content. Correspondingly, the USCO has received an increasing number of applications to register copyright protections for material, especially artwork, created using such tools.
US law states that intellectual property can be copyrighted only if it was the product of human creativity, and the USCO only acknowledges work authored by humans at present. Machines and generative AI algorithms, therefore, cannot be authors, and their outputs are not copyrightable.
Digital art, poems, and books generated using tools like DALL-E, Stable Diffusion, Midjourney, ChatGPT, or even the newly released GPT-4 will not be protected by copyright if they were created by humans using only a text description or prompt, USCO director Shira Perlmutter warned.
“If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it,” she wrote in a document outlining copyright guidelines.
“For example, when an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the ‘traditional elements of authorship’ are determined and executed by the technology – not the human user.
“Instead, these prompts function more like instructions to a commissioned artist – they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output.”
The USCO will consider content created using AI if a human author has crafted something beyond the machine’s direct output. A digital artwork that was formed from a prompt, and then edited further using Photoshop, for example, is more likely to be accepted by the office. The initial image created using AI would not be copyrightable, but the final product produced by the artist might be.
Thus it would appear the USCO is simply saying: yes, if you use an AI-powered application to help create something, you have a reasonable chance at applying for copyright, just as if you used non-AI software. If it’s purely machine-made from a prompt, you need to put some more human effort into it.
In a recent case, officials registered a copyright certificate for a graphic novel containing images created using Midjourney. The overall composition and words were protected by copyright since they were selected and arranged by a human, but the individual images themselves were not.
“In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of ‘mechanical reproduction’ or instead of an author’s ‘own original mental conception, to which [the author] gave visible form’. The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work. This is necessarily a case-by-case inquiry,” the USCO declared.
Perlmutter urged people applying for copyright protection for any material generated using AI to state clearly how the software was used to create the content, and show which parts of the work were created by humans. If they fail to disclose this information accurately, or try to hide the fact it was generated by AI, USCO will cancel their certificate of registration and their work may not be protected by copyright law. ®
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The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”
On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.
Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”
The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.
Blaze in the West Wing
The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.
About Somerset House
Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.
Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.
Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.
Sudbury’s annual art and music festival is marking a significant milestone this year, celebrating its long-standing impact on the local cultural scene. The festival, which has grown from a small community event to a major celebration of creativity, brings together artists, musicians, and visitors from across the region for a weekend of vibrant performances and exhibitions.
The event features a diverse range of activities, from live music performances to art installations, workshops, and interactive exhibits that highlight both emerging and established talent. This year’s milestone celebration will also honor the festival’s history by showcasing some of the artists and performers who have contributed to its success over the years.
Organizers are excited to see how the festival has evolved, becoming a cornerstone of Sudbury’s cultural landscape. “This festival is a celebration of creativity, community, and the incredible talent we have here in Sudbury,” said one of the event’s coordinators. “It’s amazing to see how it has grown and the impact it continues to have on the arts community.”
With this year’s milestone celebration, the festival promises to be bigger and better than ever, with a full lineup of exciting events, workshops, and performances that will inspire and engage attendees of all ages.
The festival’s milestone is not just a reflection of its past success but a celebration of the continued vibrancy of Sudbury’s arts scene.
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