Copyright registration is recognized for the first time in art created by AI
AI art is becoming more active. Copyright issues often emerge in that image generation AI is 'trained by currently active artists', such as prohibiting uploading and selling images generated by image generation AI. Meanwhile, a graphic novel created by an AI-based artist based in New York was confirmed as the first example of officially obtaining an American copyright registration.
The technology of image generation AI has improved, and the creation and publication of
Artist receives first known US copyright registration for latent diffusion AI art | Ars Technica
Artist Claims US Copyright for Graphic Novel Using AI Art
Regarding the ``copyright of AI-generated art'', as of February 2022, the US copyright authority has decided that ``the work created by AI has no copyright.'' Copyright authorities and courts believe that ``the link between the human spirit and creative expression'' is an important component of copyright, and it is difficult to grant copyright to works produced by non-human subjects. It shows a negative attitude.
``There is no copyright in the work of art created by AI,'' the US Copyright Office rejects AI's copyright-GIGAZINE
However, on September 15, 2022, the US copyright registration was approved for the manga ' Zarya of the Dawn ' created by New York artist Chris Kashtanova using Midjourney , an AI image generation service. I published it on my Instagram . Mr. Kashtanova said, ``Obtaining the copyright has been approved after disclosing how I created the work.The certificate has already been mailed to me, and the approved edition and certificate I have received it,” he added, adding that the copyright registration application was “aimed to set a precedent.”
According to Mr. Kashtanova, it is possible to register the copyright by explaining that image generation by AI is only support for artwork, and not all manga was created by AI. Kashtanova claims to have written the story for the manga, created the layout, and made artistic choices to stitch together the AI-generated images.
News media Ars Technica pointed out that the main character of 'Zarya of the Dawn' resembles Zendaya , an actress known for her role as the heroine Michelle of the Marvel Cinematic Universe (MCU) version of Spider-Man . Image generation AI datasets often contain photographs of celebrities, and AI artists sometimes use celebrities' names as axes to maintain consistency in the characters they generate.'
Ars Technica said, ``Since the history of generative art using machines and algorithms dates back to the 1960s, it is possible that artists in the past registered works created by machines and algorithms as their own works.However, In the recent series of image-generating AI fads and rights controversies, this is believed to be the first time an artist has registered the copyright of art created by image-generating AI.' Also, the US copyright authority does not completely deny the copyright of art works by AI, but there are currently cases where AI, not humans, is registered as the copyright holder or inventor at the time of patent application. I didn't admit it. Regarding `` Zarya of the Dawn '', which was copyrighted this time, only Mr. Kashtanova is registered as the author, and the copyright registration itself does not refer to AI.
``AI cannot be registered as an inventor when applying for a patent,'' the US Patent and Trademark Office announces an official opinion-GIGAZINE