Top Highlights

• On Tuesday, the US Copyright Office declared that images created using the AI-powered Midjourney image generator for the comic book Zarya of the Dawn should not have been granted copyright protection, and the images' copyright protection will be revoked.
• "That authorship is protected by copyright. However, as discussed below, the images in the Work that were generated by the Midjourney technology are not the product of human authorship."
• That argument wasn't good enough for the Copyright Office, which describes in detail why it believes AI-generated artwork should not be granted copyright protection.
• See COMPENDIUM (THIRD ) § 313.2 (explaining that “the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author”).
• Though she claims to have “guided” the structure and content of each image, the process described in the Kashtanova Letter makes clear that it was Midjourney—not Kashtanova—that originated the “traditional elements of authorship” in the images.

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