The Layers in MS Paint: Can AI-Generated Artworks Hold Copyright?

In recent years, artificial intelligence (AI) has made significant strides in generating art that rivals human creativity. Many of these chatbots or similar 'generative A.I.' programs can be quite sophisticated, including ChatGPT, which I interviewed for this article. However, concerns also abound regarding the potential implications of AI-generated artworks on intellectual property laws.

One such controversy involves a artist named Kashtanova, who used an AI tool called Midjourney to create an artwork that was initially registered with the U.S. Copyright Office. The Copyright Office appears to have gotten it right, however, by ruling that only the creative selection, coordination, and arrangement of text and images can be copyrighted, explicitly excluding 'artwork generated by artificial intelligence.'

In a notable case, Kashtanova's original copyright registration was rescinded and replaced with a narrower amended one that did not cover the Midjourney-generated artwork. The Copyright Office issued a letter on February 21 explaining its decision, stating that while Kashtanova had created a copyrightable compilation of text and images, the AI tool played a significant role in generating the artwork.

Kashtanova's lawyers argued that she had 'authored every aspect of the work, with Midjourney serving merely as an assistive tool.' As an alternative, they also claimed that portions of the work could be copyrighted because the text was authored by Ms. Kashtanova herself. The Copyright Office subsequently conducted a review and determined that only the creative selection, coordination, and arrangement of the text and images were eligible for copyright protection.

This ruling marks one of the first instances in which the federal government has addressed how copyright applies to algorithmically created artworks. It highlights the ongoing debate surrounding AI-generated content and its impact on intellectual property laws. As the technology continues to evolve, it will be interesting to see how courts and regulatory bodies respond to these issues in the future.

Layers in ms paint