Images generated from texts on artificial intelligence platforms, such as Midjourney, Stablle Diffusion or Dall-E, cannot be copyrighted in the US, defined the country’s Office, the USCO. The agency compared the production of these arts to that of a buyer who places an order with an artist.
Despite being a human being who writes the text, it is “the machine [quem] determines how those instructions are implemented in its output,” the USCO wrote in new federal guidance. “When an AI technology receives just one request from a human and produces complex written, visual, or musical works in response, the ‘traditional elements of authorship ‘ are determined and performed by the technology – not the human user”.
The agency considered that the level of human creativity involved in a work is decisive when granting copyright, therefore, as the work is even with the machines, these works might not be protected, since the user would not have full and final control of the result.
In the agency’s view, copyright can only protect material that is the product of human creativity. This even includes material made by animals — as in a case where they decided that selfies taken by a monkey would not be protected.
When dealing with works that contain material generated by an AI, the USCO reviews whether the model’s contributions to the work are the result of “machine reproduction” or represent the author’s “own opinion”. mental conception”.
Current rules state that the USCO “will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention by a human author.” However, the office has not closed the door on granting protection to work with AI-generated elements but which have more human sweat.
