The US Copyright Office has rejected an intellectual property application for an art object created by a machine learning algorithm. Writes about it The Verge.
The council revisited a 2019 decision regarding Stephen Thaler, who attempted to copyright the “Recent Entry into Paradise” image on behalf of an algorithm called the Creativity Machine.
Then the bureau found that the image created by artificial intelligence did not include an element of “human authorship”. Thaler said that such a requirement violates the Constitution and re-applied to the regulator.
However, the bureau said that the current copyright law provides protection only for “the fruits of intellectual labor based on the creative forces [человеческого] mind.” The department emphasized that they are not going to register “created with the help of a machine” works in which there is no creative input from the author-man.
The agency added that Thaler was unable to prove that the painting is the result of human activity. The scientist also failed to convince 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.
“The courts have consistently found that non-human expression is not subject to copyright protection,” the council said in a statement.
Earlier, a court in the United States, in a suit by Thaler, ruled that only an “individual” can be considered an inventor in patents, and not artificial intelligence systems.
Recall that in August 2021, the Australian Patent Office rejected Thaler’s applications for registration of two inventions created by a neural network. However, the court overturned the agency’s decision and ordered the scientist’s appeal to be reconsidered.
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The US Copyright Office has rejected an intellectual property application for an art object created by a machine learning algorithm. Writes about it The Verge.
The council revisited a 2019 decision regarding Stephen Thaler, who attempted to copyright the “Recent Entry into Paradise” image on behalf of an algorithm called the Creativity Machine.
Then the bureau found that the image created by artificial intelligence did not include an element of “human authorship”. Thaler said that such a requirement violates the Constitution and re-applied to the regulator.
However, the bureau said that the current copyright law provides protection only for “the fruits of intellectual labor based on the creative forces [человеческого] mind.” The department emphasized that they are not going to register “created with the help of a machine” works in which there is no creative input from the author-man.
The agency added that Thaler was unable to prove that the painting is the result of human activity. The scientist also failed to convince 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.
“The courts have consistently found that non-human expression is not subject to copyright protection,” the council said in a statement.
Earlier, a court in the United States, in a suit by Thaler, ruled that only an “individual” can be considered an inventor in patents, and not artificial intelligence systems.
Recall that in August 2021, the Australian Patent Office rejected Thaler’s applications for registration of two inventions created by a neural network. However, the court overturned the agency’s decision and ordered the scientist’s appeal to be reconsidered.
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