Enlarge/ The winning entry, Théåtre D’opéra Spatial, from the Colorado State Fair in August 2022.
Jason Allen
On Tuesday, the US Copyright Office Review Board rejected copyright protection for an AI-generated artwork that won a Colorado State Fair art contest last year because it lacks human authorship required for registration, Reuters reports. The win, which was widely covered in the press at the time, ignited controversy over the ethics of AI-generated artwork.
“The Board finds that the Work contains more than a de minimis amount of content generated by artificial intelligence (“AI”), and this content must therefore be disclaimed in an application for registration. Because Mr. Allen is unwilling to disclaim the AI-generated material, the Work cannot be registered as submitted,” the office wrote in its decision.
In this case, “disclaim” refers to the act of formally renouncing or giving up any claim to the ownership or authorship of the AI-generated content in the work. The office is saying that because the work contains a non-negligible (“more than a de minimis”) amount of content generated by AI, Allen must formally acknowledge that the AI-generated content is not his own creation when applying for registration. As established by Copyright Office precedent and judicial review, US copyright registration for a work requires human authorship.
A history of denials
In August 2022, Artist Jason M. Allen created the piece in question, titled Theatre D’opera Spatial, using the Midjourney image synthesis service, which was relatively new at the time. The image depicting a futuristic royal scene won top prize in the fair’s “Digital Arts/Digitally Manipulated Photography” category.
In September, Allen applied for copyright registration on the winning image, and a Copyright Office examiner asked for more information about Midjourney’s role in the creation process. According to Reuters, Allen told the office that he “input numerous revisions and text prompts at least 624 times to arrive at the initial version of the image” using the image synthesis model. He then edited the resulting image with Adobe Photoshop.
The Copyright Office requested that Allen disclaim the portions of the image created by Midjourney to qualify for copyright protection. After he refused to do so, his application was denied. The Copyright Review Board upheld the decision on Tuesday, concluding that the entire image was not eligible for copyright protection due to the significant presence of AI-generated content.
In his appeal, Allen claimed that “the Office is placing a value judgment on the utility of various tools” and that denying copyright protection for AI-generated artwork would result in a “void of ownership.” The office rejected this line of reasoning.
This is not the first time the Copyright Office has rejected AI-generated artwork. In February, it revoked copyright protection for images made by artist Kris Kashtanova using Midjourney for the graphic novel Zarya of the Dawn but allowed copyrighting the human-arranged portions of the work. More recently, it also denied copyright registration for an image that computer scientist Stephen Thaler claimed was autonomously generated by his AI system.
Reuters quoted Allen as saying that the office’s decision was expected, but he is certain he will win in the end. “If this stands, it is going to create more problems than it solves,” Allen told the news service. “This is going to create new and creative problems for the copyright office in ways we can’t even speculate yet.”
LONDON (AP) — With a few daubs of a paintbrush, the Brontë sisters have got their dots back.
More than eight decades after it was installed, a memorial to the three 19th-century sibling novelists in London’s Westminster Abbey was amended Thursday to restore the diaereses – the two dots over the e in their surname.
The dots — which indicate that the name is pronounced “brontay” rather than “bront” — were omitted when the stone tablet commemorating Charlotte, Emily and Anne was erected in the abbey’s Poets’ Corner in October 1939, just after the outbreak of World War II.
They were restored after Brontë historian Sharon Wright, editor of the Brontë Society Gazette, raised the issue with Dean of Westminster David Hoyle. The abbey asked its stonemason to tap in the dots and its conservator to paint them.
“There’s no paper record for anyone complaining about this or mentioning this, so I just wanted to put it right, really,” Wright said. “These three Yorkshire women deserve their place here, but they also deserve to have their name spelled correctly.”
It’s believed the writers’ Irish father Patrick changed the spelling of his surname from Brunty or Prunty when he went to university in England.
Raised on the wild Yorkshire moors, all three sisters died before they were 40, leaving enduring novels including Charlotte’s “Jane Eyre,” Emily’s “Wuthering Heights” and Anne’s “The Tenant of Wildfell Hall.”
Rebecca Yorke, director of the Brontë Society, welcomed the restoration.
“As the Brontës and their work are loved and respected all over the world, it’s entirely appropriate that their name is spelled correctly on their memorial,” she said.
In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.
Alleged Fraud Scheme
Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.
Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.
Massive Seizure of Artworks
In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.
Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.
Artwork Returned, but Some Remain Unclaimed
In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.
Court Proceedings Ongoing
The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.
Impact on the Local Art Community
The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.
For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.
As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.
While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.
Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.
As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.
