Plaintiff Stephen Thaler had appealed after lower courts upheld a U.S. Copyright Office decision that the AI-crafted visual ⁠art ‌was ineligible for copyright.

The U.S. Supreme Court declined on Monday ⁠to take up the issue of whether art generated by artificial intelligence can be copyrighted under U.S. law, turning away ​a case involving a computer ​scientist from Missouri who was ​denied a copyright for a piece of visual art made by his AI system.

Plaintiff Stephen Thaler had appealed to the justices after lower courts upheld a U.S. Copyright Office decision that the AI-crafted visual ⁠art ‌at issue in the case was ineligible for copyright protection ⁠because it did not have a human creator.

Thaler, of St. Charles, Missouri, applied for a federal copyright registration in 2018 covering “A Recent Entrance to Paradise,” visual art he said his AI technology “DABUS” created. The image shows train tracks entering ‌a portal, surrounded by what appears to be green and purple plant imagery.

The Copyright Office rejected his application in 2022, finding that creative works must have human authors ​to be eligible to receive a copyright. U.S. President Donald Trump’s administration had urged the Supreme Court not to hear Thaler’s appeal.

  • ToTheGraveMyLove@sh.itjust.worksEnglish
    2·
    3 hours ago

    You don’t have drafts or anything that can show the history of development? I write as a hobby and I have tons of drafts that show the development of my stories over time. If somebody tried to claim my works were AI, I could easily dispute that.

    • dan@upvote.auEnglish
      2·
      3 hours ago

      What if the drafts were created using AI too?

      Code is often in a source control system of some sort, which tracks changes to the code (who changed it, when it was changed, and a description of what was changed). It’s similar to having a lot of drafts.

      I don’t think that could prove that a human wrote it, though.

      I think in cases like this, the author could prove they created the code/story/art/whatever by having a deep understanding of the material. That’s how Michael Jackson defended against lawsuits saying he copied someone else’s song - he described his songwriting process and could hum/beatbox every instrument in the track.