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Is it possible to protect AI-generated works with copyright? According to the US Copyright Office, no.

Georgios — Sun, 01 May 2022 16:33:01 +0000

In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States.

Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.

A three-person board was entrusted with reviewing a 2019 verdict against a man called Steven Thaler, who had applied for the copyright of an art piece titled A Recent Entrance to Paradise, created by an AI system he called Creativity Machine.

The piece was part of a series in which the AI reprocessed images to produce scenes from a “simulated near-death experience.” In 1997, Thaler was granted a patent for a method of creating fictitious “visions of a dying brain.”

The algorithm “generated fictional experience from various reversible noise and irreversible damage effects within neural-network-based brain simulations,” writes Urbasm. “Rather than show a neural net pictures (as a big search engine company has) and allow it to replace items in the scene with weird objects deliberately planted by software engineers (i.e., dog heads and pagodas), these systems are exposed to their surroundings, ‘blindfolded,’ and allowed to choose from the myriad self-generated fantasies it finds most interesting.”, says the author.

On November 3rd, 2018, Thaler filed a copyright application for A Recent Entrance to Paradise, designating himself as the claimant and the work’s author as “Creativity Machine,” saying that the copyright should be transferred from the AI to him due to his “ownership of the machine.”

Thaler was trying to register this computer-generated piece as a work-for-hire to the proprietor of the Creativity Machine, “according to the application, which noted that the work “was autonomously created by a computer algorithm operating on a machine.”

An Exchange of Letters with the Copyright Office

The US Copyright Office denied his registration on August 12th, 2019, noting that it “lacks the human authorship required to substantiate a copyright claim.”

Thaler filed an appeal the following month, requesting that the Copyright Office review the application’s denial, claiming that “the human authorship criterion is unlawful and unsupported by either statute or case law.”

Thaler had “provided no evidence on sufficient creative input or intervention by a human author in the Work,” according to the Office, which would not “abandon its longstanding interpretation of the Copyright Act, Supreme Court, and lower court judicial precedent that a work meets the legal and formal requirements of copyright protection only if it is created by a human author.”

On May 27, 2020, Thaler filed a second appeal, arguing that AI artworks should be copyrightable because it would “advance the fundamental aims of copyright law, including the constitutional foundation for copyright protection.” The Office was “currently relying on non-binding judicial opinions from the Gilded Age to answer the question of whether [computer-generated works] can be protected,” according to the second appeal, which claimed that “there is no binding authority that prohibits copyright for [computer-generated works]” and that the Office was “currently relying on non-binding judicial opinions from the Gilded Age to answer the question of whether [computer-generated works] can be protected.”

In the United States, only human creators have copyright.

Because Thaler confessed that no human author was engaged in the work, the Copyright Office focused on Thaler’s contention that the criterion for human authorship is unconstitutional and backed by earlier judgements when examining his second appeal.

“The Court has continued to articulate the nexus between the human mind and creative expression as a prerequisite for copyright protection,” the Office adds. “The Office is bound by Supreme Court precedent, which establishes that human authorship is a necessary component of copyright protection.

[…] While the Board is not aware of a United States court that has considered whether artificial intelligence can be the author for copyright purposes, the courts have been consistent in finding that non-human expression is ineligible for copyright protection.

[…] After reviewing the statutory text, judicial precedent, and longstanding Copyright Office practice, the Board again concludes that human authorship is a prerequisite to copyright protection in the United States and that the Work therefore cannot be registered.”

The complete 7-page ruling, which was released on February 14th, 2022, is as follows:

A Recent Entrance to Paradise by Michael Zhang

The “monkey selfie” case

A decade earlier, a monkey snatched photographer David Slater’s camera and snapped a series of viral self-portraits, sparking a similar copyright debate. In 2015, the animal rights organization PETA sued the photographer on behalf of the monkey, requesting that copyright be transferred to the animal.

Slater agreed to contribute 25% of future revenues from the images to charity in a 2017 settlement with PETA, but a court ruled against PETA in 2018, setting the precedent that only humans, not animals, may register for copyright and launch copyright claims.

Because it was not made by a human, this viral monkey selfie from 2011 is in the public domain.

So, whats the Future of Copyright for Artificial Intelligence-Created Works?

The Verge, which first reported on the recent Copyright Office ruling, points out that humans may still be able to earn copyright for AI-created works if they take a different method that causes the Copyright Office to perceive them as an important part of the process.

The Verge reports that “Thaler emphasized that humans weren’t meaningfully involved because his goal was to prove that machine-created works could receive protection, not simply to stop people from infringing on the picture” . “The board’s reasoning takes his explanation for granted. So if someone tried to copyright a similar work by arguing it was a product of their own creativity executed by a machine, the outcome might look different.”.

Thaler might potentially take his case to the courts instead of the Copyright Office, filing a lawsuit to see whether a judge would reach a different result than the copyright board.

The combination of AI and copyright will definitely continue to crop up in court conflicts and headlines in the future years as artificial intelligence technologies play a larger and larger role in photography and other creative professions.

The importance of copyright registration

Harender Branch — Fri, 05 Feb 2021 07:12:53 +0000

Copyright arises automatically when an original work is created. Copyright protects “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, dissertations, poems, movies, songs, recordings, logo designs, websites, software code and more. While the creator of the work automatically obtains copyright in the work and is immediately entitled to protection, proving ownership of that copyright is another story.

All too often it boils down to a case of ‘their word against yours’. Without proper protection, something you have created could end up making money for someone else.

So, what can you do in order to enhance your copyright ownership rights and be prepared for any case in the future?

Here’s why it’s important to register your copyright as soon as you have completed your creation process.

Create Public Record of Ownership

Copyright registration creates a public record of your ownership. And ownership is the most common dispute when it comes to copyright. Also, the public screening of you copyright registration will discourage potential infringers and protect your work. A public record that demonstrates a claim to copyright will go a long way to demonstrate ownership in the event such ownership is challenged in the future. This public registration is a vital protection of the value of your copyrighted content.

Ability to File an Infringement Lawsuit

In many countries, you will not be able to commence a copyright infringement lawsuit without possessing a registration of your copyright. Therefore, registration provides additional credibility when/if the copyright owner is forced to serve a cease-and-desist letter on an alleged infringer. By registering the copyright of an original piece you validate it and evidence the date of creation. Different countries have different rules on registration and even where countries do not have laws on registration, registering your copyright on an independent website is recommended as it will assist in collaborating the date of creation.

Presumption of validity of your copyright

In an infringement action, put very simply a copyright owner must establish (1) ownership of a valid copyright, and (2) copying of the original elements of the copyright. If registration was obtained either before publication or within five years of publication of the work, the registration certificate will constitute prima facie evidence of the validity of the copyright and the facts stated in the certificate (e.g., the author and date of completion). This means that rather than having to prove that you are the owner of a valid copyright, the court will presume that you satisfy the first element of copyright infringement and it will fall to the defendant to show otherwise. This presumption of validity can be especially advantageous when seeking immediate injunctive relief, such as a TRO or preliminary injunction.

Timely registration can enable the creator to seek damages for post-registration infringements.

Registering your copyright immediately after completing a creation is very important. Early registration enables a copyright owner to seek damages, lawyers’ fees and costs for infringement that occurs after the effective date of registration.

Licensing rights

If you have copyrighted works that have attracted the interests of other parties, you can explore your licensing options to make sure you can financially benefit from their use. Licensing is a legal authorisation from you to another party that permits them to use some (or all) of your copyrighted works.

Summary

As you can tell, even though it is not mandatory, copyright registration provides valuable legal protection. It makes it easier for other people to find your protected material, as well as helping you to assert your legal rights by providing date stamped evidence of the exact or approximate creation date. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership. Registration is essential if you ever find yourself filing or defending an infringement lawsuit and recommended for businesses and individuals alike, who wish to protect the inherent value of their work.

About the author

Harender Branch is a partner at UK law firm, Branch Austin – hkb@branchaustin.com. This blog is for information purposes only and should not be construed as legal advice or creating a formal relationship. No liability on the part of Copyrightsworld or Ms Branch attaches to any reliance placed on this blog and you are encouraged to seek legal advice if you have any queries. Copyrightsworld is able to recommend specialist lawyers to you, if needed.

5 Urban Myths about Copyright

Georgia Kostaki — Tue, 05 Jan 2021 08:55:29 +0000

It’s not easy being a creator. From idea to execution, it takes effort, energy, and years of hard work. But creators are often unaware of their rights and have to deal with a lot of misinformation around copyright. Which are the copyright facts and which the myths? Here are the 5 top myths you should be aware of.

#1 Ideas can be copyright protected.

Ideas may be the most important part of being creative, but they can’t be “stolen” as they technically don’t belong to anyone. That’s the reason why they also can’t be copyright-protected. By “ideas,” I don’t mean patent ideas and inventions, of course, which also can’t be copyright protected.

They can be trademarked and registered as patents. Either way, I think you know where I’m going with this: Many people can work on the same idea, and produce a totally different result. An idea can’t be copyright protected because it doesn’t mean much unless you put the work into making it a reality. An idea needs to become “tangible” for it to be copyright protected.

The Pareto rule of 20/80 suggests that it’s 20% idea and 80% execution, and if you take a moment and think about it you’ll see that it’s true for you as well.

An idea is conceived at the speed of light, yet an artist puts hours, days, and months into making that idea a reality. It is work and energy that make a creation significant – not the idea.

Furthermore, the idea that inspires an artist to create a work of art can be dull or seem insignificant to others.

We all have an unreasonable fear of sharing ideas and having them stolen. As far as I’m concerned, that actually limits creativity – and does not enhance it.

#2 Copyright is automatic, so why register?

Copyright is indeed “automatic”, but copyright registration is not. According to the Berne Convention, the legal framework that governs copyright globally, copyright is awarded automatically when a work is created after significant mental activity.

However, the beneficiary of the work is the person who has the strongest and earliest proof of ownership of it.

That’s exactly why registering a copyright is so important. It generates evidence about who the owner of the copyright is and when this copyright was claimed.

Therefore, while timing is important, the proof of copyright also needs to be indisputable. Without registration, there is no evidence that can stand in a court of law when disputing ownership.

#3 Copyright registration is useless, I’ve never used it in my life.

Copyright registration is only “useless” if a creator considers their art a hobby. If they want to make a living, copyright registration is not only useful but necessary. It’s their ticket to generating revenue from their intellectual property.

Having proof of copyright ownership over a creation allows an artist to claim damages in case of infringement, and perhaps most importantly, allows them to license their work – or even sell rights to it.

An artist can own the copyright, but might not own the evidence of this ownership. When two artists claim to both own the copyright of a certain creation it will be one’s word against the other.

And what happens when two people co-create a work of art, which then becomes famous?

In the beginning, both are happy for the collaboration and proud of the work they created. They’re not thinking about what will happen if their work becomes a source of revenue for them.

The story often ends in disagreement, lawsuits, and debates that take time, and are usually settled with compensation – and a significant amount in legal fees.

All because there was no proof of copyright stating who the owner or co-owner is, and to what extent.

#4 Copyright registration by sending it via mail or email to oneself.

Sending yourself proof of ownership for your creation in a self-addressed envelope (or via email) is a way to gather evidence. It’s known as “poor man’s copyright,” as it’s very cheap. However, it’s also very weak, as it can easily be hacked and manipulated.

The best way to acquire indisputable proof – if you don’t want to involve your lawyer – is to trust a service like CopyrightsWorld, which has the technology to provide proof easily and reliably.

Our platform uses blockchain technology to generate a Certificate of Ownership – an indisputable proof of ownership – allowing a creator to claim damages in case of infringement, or generate revenue by licensing rights.

#5 Copyright registration is expensive and time-consuming.

This claim was relevant some time ago. Copyright registration required a long bureaucratic process and a lot of paperwork needing to be filled. Less savvy people couldn’t even do it alone.

This made the use of a lawyer – or a legal representative – necessary, adding significant cost to the process.

It is not true anymore, and especially for digitally-created work. Furthermore, there are many very credible copyright registration providers out there that can provide you with a proof of ownership in minutes – and at a very affordable cost.

We take pride in being one of those providers. We also go one step further, however. While we provide indisputable proof of ownership in just minutes, we can also help you monitor who uses your work, leading to possible revenue opportunities.

To conclude, it’s very important for all creators to become more aware of their rights, find the most suitable ways to protect their work, and be able to make a living from it.

To do so, they need to educate themselves further, believe in the value of their work, and take actions to protect their intellectual property.

The digital era has come to provide opportunities to do this easily, reliably, and affordably.

Bio

Georgia is a digital marketing professional who has worked in content marketing for the past 8 years. Seeing copyright infringement take place in digital content, over the years, made her decide to join CopyrightsWorld – a platform that provides services for copyright registration, digital asset protection, and infringement monitoring – and work on offering creators ways to protect their works in the digital era.

Sources:

Different brain structures associated with artistic and scientific creativity: a voxel-based morphometry study, https://www.nature.com/articles/srep42911