Thank God: Judge Rules Against AI Art Copyright

Thank God: Judge Rules Against AI Art Copyright

Humans are a ridiculous species. We’re inherently lazy and nonsensical. Occasionally, a human will step in and save us from ourselves. Most of the time, that human is a woman.

Judge Beryl A Howell recently ruled works eligible for copyright require a human element. She ruled for the US Copyright Office in a suit brought by Stephen Thaler who claims his computer generated a piece of art called “A Recent Entrance to Parade.”

Claims His Computer Drew It

Stephen Thaler’s argument centered around the notion his computer called the Creativity Machine, “generated a piece of artwork of its own accord.” Thaler tried to register the work with the Copyright Office and listed the computer as its author. He then tried to transfer copyright to him…since he owned the computer.

WTF?

The Copyright Office denied his claim because all works seeking copyright must have an element of human creativity.

Thaler’s claim his computer drew or rendered the art on its own accord is just plain silly. It’s is as if Creativity Machine doesn’t run programs or is triggered to render art. And then, let’s remember, Creativity Machine; an AI, was trained on most likely copyrightable works of art. Made by humans.

When it came to it, Thaler’s arguments were wack, and he tried to consider the philosophical implications of whether or not the computer is a work-for-hire agent.

AI for the Silliest Things

Hacks like Thaler using AI is what I’m most afraid of. Thaler couldn’t even use the Creativity Machine to jog his own creativity to create something new. The only imaginative thing about this fiasco is him thinking he was going to copyright the picture.

To hear El Jefe tell it, Generative AI has lot of great uses to further the human condition. I ain’t seeing it. I see more apps generating songs featuring dead rappers, hacked story outlines, and Snoop Dogg reading bedtime stories than anything helping the poor, homeless, or clean water in Africa.

The more I think about it, I feel sorry for Creativity Machine.

A computer with a name like Creativity Machine could be used for so much more. It could be using its processing power to sequence new cancer drugs, or recalculating superconductive materials. Instead, it’s subjected to generating faux-impressionist paintings in HDR colors.

Maybe we’ll get to the good stuff when true artists pick up these tools and make some nothing new.

-MJ