A federal judge on Friday upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to protection.

“In March, the copyright office affirmed that most works generated by AI aren’t copyrightable but clarified that AI-assisted materials qualify for protection in certain instances. An application for a work created with the help of AI can support a copyright claim if a human “selected or arranged” it in a “sufficiently creative way that the resulting work constitutes an original work of authorship,” it said.”

Thaler was appealing this, and his appeal was denied.

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Funny, because photography is actually the precedent on this. A monkey took a picture, it was not copyrightable.

I’d advise you to keep a record of your creative process here, because it may come down to how many prompts you used to steer it.

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