US denies copyright for AI-generated painting

The US Copyright Office rejected the application to register the intellectual property of an artwork created by a machine-learning algorithm. The Verge reports.

The council reconsidered the 2019 decision regarding Steven Taler, who sought to protect the copyright for the image “Recent Entry into Paradise” on behalf of an algorithm named the Creativity Machine.

The Office stated that an AI-created image did not include an element of human authorship. Taler argued that such a requirement violates the Constitution and again appealed to the regulator.

The agency added that Taler failed to prove that the painting is the result of human activity. The scientist also failed to persuade the bureau to change the existing rules.

The ruling notes that courts at all levels have repeatedly rejected attempts to extend copyright protection to non-human creations, such as photographs taken by monkeys.

“Courts have consistently concluded that non-human self-expression is not eligible for copyright protection,” the council said.

Earlier, in the United States, in Taler’s suit, a court held that only a “natural person” can be considered an inventor in patents, not artificial intelligence systems.

Earlier, in August 2021, Australia’s patent office rejected Taler’s applications to register two inventions created by a neural network. However, the court overturned the office’s decision and ordered the scientist’s application to be reconsidered.

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