Posts Tagged: "Midjourney"

Copyright Office Denies Registration to Award-Winning Work Made with Midjourney

Earlier this week, the Review Board of the U.S. Copyright Office published a decision denying registration of a work created using the generative artificial intelligence (GAI) system, Midjourney, highlighting the complexities such technology is introducing to the U.S. copyright system…. The decision issued this week found that Jason M. Allen’s two-dimensional artwork, titled “Théâtre D’opéra Spatial,” contained “more than a de minimis amount” of AI-created content and that the AI content must therefore be disclaimed.

Warhol’s Ghost in the Machine: What Warhol v. Goldsmith Means for Generative AI

On May 18, 2023, the U.S. Supreme Court answered an exceedingly narrow question of copyright law with potentially sweeping impact: did the purpose and character of Andy Warhol’s below ‘Orange Prince’ work—as used on a 2016 Condé Nast magazine cover—support fair use of Lynn Goldsmith’s photograph of famed musician Prince Rogers Nelson a/k/a Prince?  In a 7-2 decision, the Court found that it does not, calling into question nearly 30 years of fair use jurisprudence, arguably narrowing the scope of that doctrine, and potentially threatening disciplines that rely on it, e.g., appropriation art. The decision is also sure to impact generative artificial intelligence (“AI”), an emerging technology that is also likely to rely heavily on fair use.

Recognizing AI-Assisted Art: The Copyright Office is Using the Wrong Legal Standard

The U.S. Copyright Office (USCO) released its decision this past week in Kristina Kashtanova’s case about the comic book, Zarya of the Dawn. Kashtanova will keep the copyright registration, but it will be limited to the text and the whole work as a compilation. In one sense this is a success, as the Office was previously threatening to revoke the copyright altogether. But the Office limited the registration and specifically excluded the individual images created by Kashtanova from the copyrighted material. This is a setback for all the artists that would like to use artificial intelligence (AI) tools as part of their creative process.

Copyright Office Pilot Public Records System Mistakenly Reflects Cancellation of Registration for AI Graphic Novel

On Monday, January 23, the U.S. Copyright Office (USCO) Copyright Public Records System (CPRS) reflected that the registration for a graphic novel that was made using the AI text-to-image tool, Midjourney, had been cancelled. The Office has since clarified that the update was a system error (see above note). The USCO previously registered the work in September 2022. However, a month later, and following significant press attention, the Office issued a notice indicating that the registration may be cancelled. With Monday’s development, the cancellation seemed to be final.