Can AI Art Be Copyrighted? The Case of Théâtre D’opéra Spatial by Jason M.Allen

 

Image source: The New York Times

Sources: Reuters, The New York Times

Artificial intelligence is rapidly reshaping the creative field. Tools like ChatGPT 4.0, Midjourney can now generate stunning works of art with just a few lines of text. But this raises a key question: can AI-generated content be copyrighted?

One of the most famous cases is that of Jason M. Allen, a game designer from Colorado, who created an AI-assisted image called “Théâtre D'opéra Spatial”. The U.S. Copyright Office denied him copyright protection for this image.


Background of the case
In 2022, Jason M. Allen generated an image called “Théâtre D'opéra Spatial”. After that, he submitted it to the Colorado State Fair Art Competition, ultimately taking first place in the digital art category.

He candidly states that he used AI, but emphasizes that he invested a significant amount of effort into selecting the cue words, adjusting the parameter settings, and editing the images. So he tried to copyright it.


Controversy
The U.S. Copyright Office's decision was widely debated, with Allen arguing that the amount of time he spent on prompt engineering and post-production retouching was sufficiently “human-created”.

However, the Copyright Office argued that Midjourney's output was controlled by an AI model, and that even if a human had inputted the prompts, that would not prove that the final work was “human-created”.

To defend his creative rights, Allen sued the U.S. Copyright Office in September 2023, a lawsuit that is still pending and could be an important precedent in the history of AI copyright.



My Comments:
This case raises a central question: Are humans considered authors in AI creation?

If you just type in the text and don't directly “draw” the picture, does it count as authoring? This is worth thinking about.

In my opinion, copyright law should be updated in the future. Suggestive engineering and post-processing have become the new way of creation in today's AI creation.

Jason M. Allen's defense of his rights deserves respect, and perhaps his case will move the law forward.

-Ting Pei En-

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