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The US government says that the images generated by artificial intelligence are not copyrighted

Since its inception, AI-generated art has sparked debates due to concerns about copyright infringement.  / Photo: Getty Images
Since its inception, AI-generated art has sparked debates due to concerns about copyright infringement. / Photo: Getty Images

Photo: Hollie Adams/Getty Images

The opinion

By: The opinion Posted Mar 18, 2023, 23:50 pm EDT

Since the end of last year, artificial intelligence began to gain popularity in the creation of images from text and now it is an event on social networks; however those images themselves are not copyrighted.

The specialized site DesignTaxi publishes that since its inception, art generated by AI has sparked debates due to concerns about the violation of copyright.

Currently, the alleged authors of the images generated by this technology are exposed to the risk of having their works stolen without permission, since these systems often obtain images from the Internet.

The US Copyright Office (USCO) previously ruled that text-generated art from systems like Stable Diffusion, DALL-E, or Midjourney would not be copyrightable.

The USCO reported in a recent report that it is already receiving and examining registration applications that claim copyright on AI-generated material. For example, in 2018 the Office received an application for a visual work that the applicant described as “autonomously created by a computer algorithm running on a machine.

USCO’s ruling on AI image copyrights is because the text used to generate the art is considered tantamount to commissioning the services of an artist.

When an AI technology receives only a cue from a human being and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology, not the human user,” the office explains. .

In this sense, the USCO maintains that “users do not exercise final creative control” in the finished product. The agency has “well established that copyright can only protect material that is the product of human creativity.”

New, more specific standards are needed

Given the advancement and popularization of images generated by artificial intelligence, the USCO has come to the conclusion that public guidance is needed on the registration of works with content generated by AI. This statement of principles describes how the Office applies the human authorship requirement of copyright law to applications for registration of such works and provides guidance to applicants.

That office acknowledges that AI-generated works raise other copyright issues that are not addressed in this statement. It has launched an agency-wide initiative to delve into a wide range of these issues. Among other things, he added that he intends to publish a survey announcement later this year to solicit public opinion on other legal and political issues, including how the law should apply to the use of copyrighted works. author in the formation of AI and the consequent treatment of the results.

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