– AI-generated content raises questions about how copyright and patent laws apply
– Generative AI programs like ChatGPT and DALL-E 2 create new content based on user prompts and data sets
– AI training involves exposing the AI to large quantities of existing works 1. The U.S. Copyright Office does not provide copyright protection to works created by artificial intelligence (AI), as it only affords protection to works created by human beings.
2. Writer Kristina Kashtanova’s copyright for a graphic novel was canceled by the Copyright Office because she did not disclose that the images in her novel were created by a generative AI named Midjourney.
3. The Copyright Office rejected Kashtanova’s argument that she “authored” the images through a creative process involving editing and arrangement, and determined that the AI was not under her control.
4. The Copyright Office also rejected Kashtanova’s argument that her edits to the images should be afforded copyright protection, finding them to be too insignificant to reach the level of creativity needed for copyright protection.
5. Ultimately, the Copyright Office decided that the images in Kashtanova’s graphic novel were uncopyrightable. – The Copyright Office is resistant to granting copyright protection to works generated by AI, but their decisions can be challenged in U.S. district court.
– U.S. patent law only allows human beings to be listed as inventors on patents, as affirmed in the case of Thaler v. Vidal.
– The United States Court of Appeals ruled that only human beings can be listed as inventors on patents, based on the word “individual” in the Patent Act.
– The Court’s decision does not address whether inventions made by human beings with the assistance of AI are eligible for patent protection.
https://bergersingerman.com/news-insights/intellectual-property-and-generative-ai
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