Credit: faithie/Adobe Stock 'Thaler v. Perlmutter': AI Output Is Not Copyrightable
"The courts have also recognized that 'human creativity is the sine qua non at the core of copyrightability, even as that human creativity is channeled through new tools or into new media,'" write Robert W. Clarida and Thomas Kjellberg.
October 01, 2024 at 02:00 PM
7 minute read
On Aug. 18, 2023, D.C. District Court Judge Beryl A. Howell upheld a final refusal by the U.S. Copyright Office (USCO) to register a visual work entitled "A Recent Entrance to Paradise."
According to the application filed with the USCO by plaintiff Stephen Thaler, the image was not the product of human authorship but was instead "autonomously created by a computer algorithm running on a machine," which plaintiff called the "Creativity Machine" and which plaintiff identified as the "author" of the work. Plaintiff named himself as the copyright claimant, however, on the basis that he was the "owner of the machine."
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