Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Copyright Office On AI-Works Registrations

By Isha Marathe
May 01, 2023

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was used to create the images in Kashtanova's comic book Zarya of the Dawn and when it did, the registration was rescinded for a new one.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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.