Jason M. Allen, a Pueblo West artist and former game developer, is challenging the U.S. Copyright Office’s decision to deny copyright protection for his AI-generated artwork. The piece in question, “Theatre D’Opera Spatial”, won first place at the 2022 Colorado State Fair.
Key Points:
- Allen created the artwork using Midjourney, an AI program that generates images based on user inputs.
- He spent two weeks making over 600 alterations to produce the final piece.
- The U.S. Copyright Office denied his copyright application, claiming the computer was the creator, not Allen.
- Allen and his attorney, Tamara Pester, have filed an appeal in federal court.
Allen argues, “Obviously, I made it… it wouldn’t exist without me.” He compares his use of AI to an excavator using a backhoe, emphasizing the human role in the creative process.
Historical Precedent
Pester draws parallels to a 19th-century case involving photography, where initial claims that the camera should be considered the author were ultimately overturned by the Supreme Court.
This case could set a precedent for copyright protection of AI-assisted artworks, potentially shaping the future of AI in creative fields.
The appeal process may take weeks or months before a response is received.
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