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Copyright Office On AI-Works Registrations
The U.S. Copyright Office recently found itself waffling on a copyright registration it granted, and then revoked, within a span of months. The work in question, a comic book, transcended the traditional artificial-intelligence authorship debate that it contained an amalgam of human-created text and generative AI-created artwork.
For artist Kristina Kashtanova, that meant the issuance of a new, partial copyright registration in February after the Copyright Office reevaluated its initial decision granting a full copyright to the comic book. The agency had apparently not realized that the AI art generator Midjourney was used to create the images in Kashtanova's comic book Zarya of the Dawn and when it did, the registration was rescinded for a new one. Then on March 16, 2023, the Copyright Office released its updated guidance on Works Containing Material Generated by Artificial Intelligence. See, https://bit.ly/40qgQuo.
Essentially, the elements of the comic book created by Kashtanova — specifically the text — will be copyrighted, but the AI-generated artwork will remain in the public domain. Still, Kashtanova argued through a series of letters that there was an iterative back-and-forth with Midjourney that led to the creation of the artwork, suggesting it should fall under copyright because it wouldn't have been created without that input.
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