The United States Copyright Office initiates a proceeding ruling that a comic book made using A.I. art is ineligible for copyright protection
This article was updated on Dec. 23, 2022 to clarify that while the US Copyright Office initiated a proceeding to revoke copyright protection, the outcome of the proceeding is not yet finalized.
The United States Copyright Office (USCO) has initiated a proceeding to reverse an earlier decision to grant a copyright to a comic book that was created using "A.I. art," and announced that while the copyright will still be in effect until the proceeding is completed (and the filer for the copyright has a chance to respond to the proceeding), copyrighted works must be created by humans to gain official copyright protection.
In September, Kris Kashtanova announced that they had received a U.S. copyright on his comic book, Zarya of the Dawn, a comic book inspired by their late grandmother that she created with the text-to-image engine Midjourney. Kashtanova referred to herself as a "prompt engineer" and explained at the time that she went to get the copyright so that she could “make a case that we do own copyright when we make something using AI.”
"AI art" is artwork created by an artificial intelligence machine learning process, meaning that a computer/machine has learned information, such as the past work and art style of other artists, and descriptions of characters and images, and then generated a new image using that learned knowledge. The knowledge fed into the machine is almost always from humans, who also often feed into the machine specific guiding instructions for the creation of the art, but the actual final creation is generated by the computer/machine (in this instance, it would be Midjourney).
The USCO had previously denied giving copyright protection to A.I.-produced art, including earlier in 2022 when it denied protection to Stephen Thaler and his AI-generated painting, “A Recent Entrance to Paradise.” Thaler then sued the Copyright Office, so the Office granting protection to Zarya of the Dawn was naturally a surprising turn of events.
However, in a post on her Facebook page. Kashtanova revealed that the USCO had contacted her to tell her that it had initiated a proceeding to revoke the protection, explaining that it had errantly missed that Midjourney had created the art for the comic (despite Midjourney being listed on the credits of the cover of the comic). The USCO has given Kashtanova 30 days to appeal its decision. During the appeal process, the copyright is still active.
Source: AI Business
CBR Senior Writer Brian Cronin has been writing professionally about comic books for over fifteen years now at CBR (primarily with his “Comics Should Be Good” series of columns, including Comic Book Legends Revealed). He has written two books about comics for Penguin-Random House – Was Superman a Spy? And Other Comic Book Legends Revealed and Why Does Batman Carry Shark Repellent? And Other Amazing Comic Book Trivia! and one book, 100 Things X-Men Fans Should Know & Do Before They Die, from Triumph Books. His writing has been featured at ESPN.com, the Los Angeles Times, About.com, the Huffington Post and Gizmodo. He features legends about entertainment and sports at his website, Legends Revealed and other pop culture features at Pop Culture References. Follow him on Twitter at @Brian_Cronin and feel free to e-mail him suggestions for stories about comic books that you’d like to see featured at firstname.lastname@example.org!