US Agency: AI-created Images Cannot Receive Copyright Protection

US Agency¹: AI-created Images Cannot Receive Copyright² Protection

The U.S. Copyright Office said that book images created using the artificial³ intelligence (AI) program Midjourney should not have been given copyright protection, Reuters news agency reports.

A copyright is a kind of legal protection that bars others from copying works⁴ made by the people who created them or own the copyright.

Zarya of the Dawn writer Kristina Kashtanova will be able to get a copyright for the parts of the book she wrote and ordered. But she will not receive copyright protection for images she made using Midjourney, the office said in its letter.

The decision is one of the first by a U.S. court or agency about copyright protection for works created with AI.

The decision comes at a time when AI software like Midjourney, Dall-E and ChatGPT are being used to create written and other materials.

The Copyright Office said in a letter that it would change its registration⁵ for Zarya of the Dawn to leave out images that are not the product of humans.

The research laboratory⁶ Midjourney did not immediately answer a request for comment. The Copyright Office had no comment on the decision.

Kashtanova called it "great news" that she kept the copyright for her story and arrangement of the images. She said the decision "covers a lot of uses for the people in the AI art community."

She added that she and her lawyers were considering how best to press ahead with their argument. They believe that the images themselves were a "direct expression" of Kashtanova's "creativity and therefore copyrightable."

Midjourney is an AI system that creates images based on written instructions. Kashtanova wrote the text of Zarya of the Dawn, and Midjourney created the book's images based on her instructions.

The Copyright Office told Kashtanova in October it would reconsider the book's copyright. The agency said that was because her application did not describe using Midjourney to create the images.

The office said that it would give copyright protection for the book's text and the way Kashtanova chose and arranged its elements. But it said she was not the "master mind" behind the images themselves.

"The fact that Midjourney's specific output⁷ cannot be predicted by users⁸ makes Midjourney different for copyright purposes than other tools used by artists," the letter said.

Words in This Story

artificial intelligence (AI) –n. an area of computer science that aims to give machines the ability to seem like they have human intelligence

registration – n. the act or process of entering information about something in a book or system of public records

arrangement – n. the way that things or people are organized for a particular purpose or activity : the way that things or people are arranged

application – n. a formal and usually written request for something (such as a job, admission⁹ to a school, a loan¹⁰, etc.)

specific – adj special or particular

output – n. something (such as power, energy, or information) that is produced by a machine or system

1 agency   

n.经办；代理；代理处

参考例句：

• This disease is spread through the agency of insects.这种疾病是通过昆虫媒介传播的。
• He spoke in the person of Xinhua News Agency.他代表新华社讲话。

2 copyright   

n.版权，著作权

参考例句：

• He retained the copyright of his book.他保留此书的著作权。
• This company has a proprietorship of the copyright.这家公司拥有版权所有权。

3 artificial   

adj.人工的，人造的，人为的；做作的，假装的

参考例句：

• The new dam will form a large artificial lake behind it.新筑的水坝将会在后面形成一个人工湖。
• We don't use any artificial flavourings in our products.我们的产品不使用任何人工调味剂。

4 works   

n.作品，著作；工厂，活动部件，机件

参考例句：

• We expect writers to produce more and better works.我们期望作家们写出更多更好的作品。
• The novel is regarded as one of the classic works.这篇小说被公认为是最优秀的作品之一。

5 registration   

n.登记，注册，挂号

参考例句：

• Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
• What's your registration number?你挂的是几号？

6 laboratory   

n.实验室，化验室

参考例句：

• She has donated money to establish a laboratory.她捐款成立了一个实验室。
• Our laboratory equipment isn't perfect,but we must make do.实验室设备是不够理想，但我们只好因陋就简。

7 output   

n.产量，输出，输出功率，输出端；vt.输出(信息等)

参考例句：

• Grain output reached a new high in the three years.谷物产量达到三年中最高水平。
• The chart showed us the global output of a factory.这张图表展示了一个工厂的总产量。

8 users   

用户，使用者( user的名词复数 )

参考例句：

• The new software will prove a boon to Internet users. 这种新软件将会对互联网用户大有益处。
• Ramps should be provided for wheelchair users. 应该给轮椅使用者提供坡道。

9 admission   

n.允许进入；承认；入场费，入会费，入场券

参考例句：

• We attached a condition to his admission to our school.我们对准许他入校附加了一个条件。
• By her own admission,she was responsible for the accident.她自己承认，事故应该由她负责。

10 loan   

n.贷款；借出的东西；借；vt.借出；贷予

参考例句：

• I asked the bank to help me with a loan.我请银行给我一笔贷款。
• Has the bank okayed your request for a loan?银行批准你的贷款要求了吗？