AI has become a really trendy topic in recent years. With the emergence of AI tools such as Chat GPT, DeepAI, and DALL-E 2 many people have started to realize how useful AI could be for their daily life.
Such innovations although creating fun and excitement have the potential to create a lot of disturbance when it comes to future job replacements or some moral and legal issues.
One interesting case, in that regard, is reported by the IPKat blog. It focuses our attention on an attempt by Ms. Kristina Kashtanova to register her comic book “Zarya of the Dawn” with the US Copyright Office. The procedure requires the relevant work to be an original author’s creating product of creative efforts.
The US Copyright Office refused to register the images part of this comic book because there were generated through the Ai tool Midjourney. The use of the Ai wasn’t disclosed in the application but the Office found evidence that the images are produced with the help of Midjourney.
For the creation of these images, Midjourney requires human input in the form of basic instructions. They represent tokens for the training of date based on which the images are created. However, the end result is unpredictable, it relies entirely on the AI algorithms without any further human interactions and creative modifications. This is in contrast with tools such as Photoshop where the author can interact and modify the image based on his or her creative vision.
Taking all of that into account, the Office considered the Ai generated images as not original works because the author cannot influence their creation apart from the initial basic instructions.
It is quite clear that such issues will become more and more widespread considering the ongoing implementation of new and new AI tools. What is not completely clear is how the law will catch up with these new trends which are putting us in front of new challenges.