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Judge rules that AI-generated art isn't copyrightable, since it lacks human authorship

Engadget

The USCO agreed that the work was generated by an AI model that Thaler calls the Creativity Machine. He claimed that the USCO's "human authorship" requirement was unconstitutional. However, Howell indicated that Thaler's case wasn't an especially complex one, since he admitted that he wasn't involved in the creation of A Recent Entrance to Paradise. "In the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the [Federal] Register: No," Howell ruled. Thaler plans to appeal the decision.


Can an AI system invent? Does the tech have the intellectual right?

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A long-standing legal dispute to determine whether generative AI technologies can be named as the legal creators of their innovations has reached the highest court in the land, with a hearing at the UK Supreme Court on 2nd March 2023. A similar appeal hearing is underway at the US Supreme Court too. These hearings have been brought by a group of academics and inventors who believe that a generative AI system, called Dabus AI, is solely responsible for its own innovative outputs, two of which are the subject of patent applications filed in the UK, Europe and the US. These innovations include a novel interlocking food container that is easy for robots to handle, and a warning light or beacon that flickers in a rhythm similar to neural activity, which makes it difficult to ignore. Developed by Stephen Thaler in 1994, Dabus AI, also known as'The Creativity Machine', is a computational paradigm that claims to replicate human cognition.


Art Created By Artificial Intelligence Can't Be Copyrighted, US Agency Rules

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Sign up for dot.LA's daily newsletter for the latest news on Southern California's tech, startup and venture capital scene. Computers can now write poems, paint portraits and produce music better than many humans. The case will now head to federal court as the AI program's owner, Stephen Thaler, plans to file an appeal, according to Ryan Abbott, a Los Angeles-based attorney representing Thaler. The case arrives as artists are increasingly using AI to help generate artwork, including works produced by autonomous machines. Abbott, a partner at L.A.-based law firm Brown, Neri, Smith & Khan, noted that AI-produced artwork is creating significant commercial value, such as an AI-authored painting that sold for $432,000 at auction in 2018.


Artificial Intelligence and Copyright Law

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In his application, Stephen Thaler stated that the related work was created autonomously by the "creativity machine" algorithm, and it is a work created by the "work made for hire" doctrine, and that he filed the application by being the proprietor of the machine following the assignment declaration he submitted. On the other hand, Thaler requested reconsideration of this decision stating that it is unconstitutional to require a "human authorship" requirement for registration and that such a requirement is neither included in the law nor the case law. In the subsequent examination, the Office again rejected these requests, reiterating its initial assessments and stating that Thaler did not provide evidence to prove that human-provided sufficient creative contribution to the relevant work or that the human intervention had taken place. Therefore, he argued that the Office's refusal grounds were based on old views that did not address current needs. Evaluating this second request for reconsideration, the Board stated that the law protects the fruits of intellectual labour.


The art of artificial intelligence: a recent copyright law development

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The company and law firm names shown above are generated automatically based on the text of the article. We are improving this feature as we continue to test and develop in beta. We welcome feedback, which you can provide using the feedback tab on the right of the page. April 22, 2022 - Over the past several years, comedy writer Keaton Patti has popularized "bot scripts," in which he parodically imagines how a computer might synthesize 1,000 or more hours of information and then create its own imitative work. My personal favorite was a holiday-themed romantic comedy script, in which a "business man," whose "hands are briefcases," courts a "single mother," who "cannot date because of a snow curse."


U.S. Copyright Office Rules A.I. Art Can't Be Copyrighted

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Thaler first brought the image created by his "Creativity Machine" algorithm to the USCO in November 2018, Eileen Kinsella reported for Artnet News. A Recent Entrance to Paradise is part of a series Thaler describes as a "simulated near-death experience," where an algorithm repurposes pictures to create images seen by a synthetic dying brain. Thaler noted to the USCO he was "seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine." Providing this protection is required under current legal frameworks." Thaler has previously tested the limits of patent laws in numerous countries.


The US Copyright Office says an AI can't copyright its art

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The board found that Thaler's AI-created image didn't include an element of "human authorship" -- a necessary standard, it said, for protection. Creativity Machine's work, seen above, is named "A Recent Entrance to Paradise." It's part of a series Thaler has described as a "simulated near-death experience" in which an algorithm reprocesses pictures to create hallucinatory images and a fictional narrative about the afterlife. A 1997 decision says that a book of (supposed) divine revelations, for instance, could be protected if there was (again, supposedly) an element of human arrangement and curation. This doesn't necessarily mean any art with an AI component is ineligible.


Backlash grows against decision to grant patent to AI system

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At first glance, a recently granted South African patent relating to a "food container based on fractal geometry" seems fairly mundane. The innovation in question involves interlocking food containers that are easy for robots to grasp and stack. On closer inspection, the patent is anything but mundane. That's because the inventor is not a human being – it is an artificial intelligence (AI) system called DABUS. DABUS (which stands for "device for the autonomous bootstrapping of unified sentience") is an AI system created by Stephen Thaler, a pioneer in the field of AI and programming.


In a world first, South Africa grants patent to an artificial intelligence system

#artificialintelligence

At first glance, a recently granted South African patent relating to a food container based on fractal geometry seems fairly mundane. The innovation in question involves interlocking food containers that are easy for robots to grasp and stack. On closer inspection, the patent is anything but mundane. That's because the inventor is not a human being -- it is an artificial intelligence (AI) system called DABUS. DABUS (which stands for device for the autonomous bootstrapping of unified sentience) is an AI system created by Stephen Thaler, a pioneer in the field of AI and programming.


In a world first, South Africa grants patent to an artificial intelligence system

#artificialintelligence

At first glance, a recently granted South African patent relating to a "food container based on fractal geometry" seems fairly mundane. The innovation in question involves interlocking food containers that are easy for robots to grasp and stack. On closer inspection, the patent is anything but mundane. That's because the inventor is not a human being – it is an artificial intelligence (AI) system called DABUS. DABUS (which stands for "device for the autonomous bootstrapping of unified sentience") is an AI system created by Stephen Thaler, a pioneer in the field of AI and programming.