Entscheidungen aus den USA

ENTSCHEIDUNGEN VON US-GERICHTEN UND ÄMTERN

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

A work of art created by artificial intelligence without any human input cannot be copyrighted under U.S. law, a U.S. court in Washington, D.C., has ruled on August 18, 2023.

Only works with human authors can receive copyrights, U.S. District Judge Beryl Howell said on Friday, affirming the Copyright Office's rejection of an application filed by computer scientist Stephen Thaler on behalf of his DABUS system.

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Das Urteil bestätigt die unten genannte Entscheidung des US-Copyright Office in Sachen “A Recent Entrance to Paradise”.

ENTSCHEIDUNGEN DES US COPYRIGHT OFFICE

Review Board Decision on Théâtre D’opéra Spatial (Sept. 5, 2023)

The Review Board of the United States Copyright Office (“Board”) has considered Jason M. Allen’s (“Mr. Allen”) second request for reconsideration of the Office’s refusal to register a two-dimensional artwork claim in the work titled “Théâtre D’opéra Spatial” (“Work”).

After reviewing the application, deposit copy, and relevant correspondence, along with the arguments in the second request for reconsideration, the Board affirms the Registration Program’s denial of registration. The Board finds that the Work contains more than a de minimis amount of content generated by artificial intelligence (“AI”), and this content must therefore be disclaimed in an application for registration.

Because Mr. Allen is unwilling to disclaim the AI-generated material, the Work cannot be registered as submitted.

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Registration Decision on Zarya of the Dawn (Feb. 21, 2023)

The United States Copyright Office has reviewed the works of Kristina Kashtanova, seeking additional information concerning the authorship of her work titled Zarya of the Dawn (the “Work”). Ms. Kashtanova had previously applied for and obtained a copyright registration for the Work, Registration # VAu001480196.

The Office has completed its review of the Work’s original registration application and deposit copy, as well as the relevant correspondence in the administrative record.1 We conclude that Ms. Kashtanova is the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements. That authorship is protected by copyright.

However, the images in the Work that were generated by the Midjourney technology are not the product of human authorship. Because the current registration for the Work does not disclaim its Midjourney-generated content, we intend to cancel the original certificate issued to Ms. Kashtanova and issue a new one covering only the expressive material that she created.

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Review Board Decision on A Recent Entrance to Paradise (Feb. 14, 2022)

The Review Board of the United States Copyright Office has considered Steven Thaler’s second request for reconsideration of the Registration Program’s refusal to register a two-dimensional artwork claim in the work titled “A Recent Entrance to Paradise” (“Work”).

After reviewing the application, deposit copy, and relevant correspondence, along with the arguments in the second request for reconsideration, the Board affirms the Registration Program’s denial of registration.

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