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AI Cannot Patent its Own Work, U.S. Copyright Office Rules


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The board noted that while the copyright law doesn't directly establish guidelines for non-humans, multiple courts in the U.S. have rejected claims that divine beings or animals can take advantage of copyright protections.

Credit: Computing (U.K.)

The U.S. Copyright Office (USCO) has rejected an application to grant a copyright for an artwork created by an algorithm.

The patent application was filed in 2018 by Imagination Engines Inc. founder Stephen Thaler, who said his artificial intelligence (AI) program called 'Creativity Machine' created an image called 'A Recent Entrance to Paradise' without any human assistance.

A three-person board at USCO ruled [pdf] last week that Thaler's AI-created image didn't include an element of "human authorship," which is "a prerequisite to copyright protection."

This is the third time that the Copyright Office has rejected Thaler's request to grant copyright for Creativity Machine's artwork.

From Computing (U.K.)
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