In the USA, AI was denied copyright to paintings


The US Copyright Office has rejected an application to grant artificial intelligence copyright to works of art. The agency made this decision in response to a request from an American, Steven Thaler, who was trying to protect copyrights on behalf of an AI developed by him called Creative Machine.

Stephen Thaler tried to protect the copyright of a work of art called “The Recent Entrance to Paradise” (A Recent Entrance to Paradise), stating in the second request for review of the 2019 ruling that the USCO’s claim of “human authorship” is unconstitutional.

However, the council ruled that the current copyright law protects only “the fruits of intellectual labor” that are “based on the creative forces of the human mind.” Thus, a copyrighted work “must be created by a human being,” and the agency declares that it will not register works “created using a machine or a simple mechanical process” in which there is no intervention or creative contribution from the human author. The agency stated that Thaler was unable to provide evidence that the “Recent Entry into Paradise” is the result of human authorship. It also said he had failed to convince USCO to “move away from a century of copyright litigation”—in other words, to change the rules.

Creativity Machine’s work, titled “The Last Entrance to Paradise,” is part of a series that Thaler described as “an imitation of a near-death experience.” As part of this series, an algorithm processes images to create hallucinatory images and a fictional narrative about the afterlife.

Thaler has made similar attempts in several countries. In the UK, the patent application was rejected and the Court of Appeal confirmed this decision. The European Patent Office rejected the applications because the inventor was not human. The same position was taken by the relevant authorities of Australia and Germany. However, last year a judge in Australia ruled that inventions created using AI could be subject to patent protection. South Africa granted Thaler a patent for one of the inventions last year, noting that “the invention was created by artificial intelligence on its own.”

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