New York-based artist Kris Kashtanova was short-lived in joy after producing the comic Zarya of the Dawn with the AI Midjourney. The decision sets a precedent
The comic created by the American cartoonist Kris Kashtanovawhich has been edited and published in 2023, has lost the benefit of copyright in a historic decision, and that sets a precedent, against the Midjourney Artificial Intelligence, AI used by the artist to create the aforementioned comic, ‘Zarya of The Dawn‘.
This case is the perfect example of the trade-off over whether generations of AI images should be granted copyright protections for human authorship.
But it has been rejected. For what reason? What reason does the copyright office use to dismiss your registration? We explain it to you.
Decision Sets Historic Precedent Against Artificial Intelligence Midjourney
According to the office, the contribution of any ‘prompter‘ to the process of generating images of an AI is considered as a mere artistic direction. Therefore, a pointer is neither directly nor substantially responsible for the actual authorship of the image itself, only for its address.
But even so, prompters have less of a say in art direction than most Art Directors working with human artists…because the AI generation process remains largely random or arbitrary. Despite the specificity of the pointer or pointer engineer who may participate in the creation of an artistic work through this technology, human authorship is not recognized.
The Comic Case’Zarya of The Dawn‘ and its copyright protection highlights the importance of originality in art and the need for proper copyright protection for creators. The lack of originality in a work can limit the legal protection and benefit that the creator can receive. But it also opens a schism with the artists who use artificial intelligence, since they are also responsible for the works that are created, or so it should be.
Kashtanova had the backing of Midjourney and the AI community as a whole, but even taking legal advice from the company behind the AI has failed to achieve its purpose and has been denied authorship of the work and therefore therefore, the benefits that derive from it.
The way to reach a consensus on how to act with the works that are generated in the AI. The revolution, and the changes that this will bring about, motivated by the use of this technology, have just begun.
In addition, the AIs advance in a frenetic way. We are at the dawn of this technology and no one dares to predict with any certainty all the consequences for humanity that all this will have. This decision is seen as a huge victory for artists and creators across the country…and the world.
We will continue to inform you.
Fuente Twitter United States Copyright Office
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