Controversial Artwork Denied Copyright Protection - AI News Update

Controversial Artwork Denied Copyright Protection - AI News Update

Table of Contents:

1. Introduction
2. The Case of Jason Allen: AI-Generated Art
3. US Copyright Office's Decision
4. The Rejection of the Copyright Claim
5. Reevaluation and Rejection Again
6. The Importance of Human Authorship
7. The Role of AI in Copyright Protection
8. Amazon's Content Guidelines
9. AI-Generated Content and Intellectual Property Rights
10. Potential Lawsuits and Amazon's Preparations
11. Kelly McKernan's Lawsuit and AI Training
12. The Future of AI in Amazon KDP
13. The Need for Control over Third-Party AI Tools
14. Solutions: Adobe Illustrator Tutorials for Beginners
15. Conclusion

The Case of AI-Generated Art and Copyright Refusal

In 2022, Jason Allen created a series of artworks using artificial intelligence technology called Midjourney. His works garnered Attention when he won first place in the "digital arts/digitally manipulated photography" category at the Colorado State Fair. However, this victory stirred controversy among artists who accused him of cheating. Despite the backlash, Jason Allen believed he had not violated any rules and affirmed that his work was created using AI. He applied to register a copyright claim for his two-dimensional artwork, but the United States Copyright Office refused to register the claim.

US Copyright Office's Decision

Following the initial refusal to register the artwork's copyright claim, Jason Allen sought a reconsideration from the Copyright Office. After reevaluation, the Office acknowledged the human-authored "visual edits" made with Adobe Photoshop as eligible for copyright registration. However, the features generated by Midjourney and Gigapixel AI were deemed non-human authorship and had to be excluded from the registration. Thus, the Office maintained its refusal to register the claim.

The Importance of Human Authorship

The United States Copyright Office emphasizes the significance of human authorship in copyright protection. If a work's "traditional elements of authorship" are wholly produced by a machine, the office considers it devoid of human authorship and will not register it. However, if a work contains AI-generated material alongside sufficient human authorship, the Copyright Office will register the human's contributions. In such cases, the applicant must disclose the AI-generated content that is more than de minimis.

Amazon's Content Guidelines and Intellectual Property Rights

Amazon recently updated its Content Guidelines, reflecting the US Copyright Office's approach to AI-generated content. According to the guidelines, if an AI-Based tool is used to Create the actual content, even with substantial human edits, it is still considered AI-generated. The responsibility lies with the creator to ensure compliance with all applicable intellectual property rights and content guidelines. Amazon aims to mitigate potential lawsuits arising from the use of AI tools like Midjourney by preparing stringent regulations.

Potential Lawsuits and Amazon's Preparations

Kelly McKernan, an acrylic illustrator, filed a lawsuit against Stability AI, the company behind AI tools such as Stable Diffusion, Midjourney, and DeviantArt. McKernan discovered that her artwork was used to train an AI system without her consent. Amazon, foreseeing the rise in potential legal issues, may be compelled to remove all AI-generated content published after their AI content guidelines update. This move would safeguard against copyright infringement claims and protect the interests of content Creators.

The Future of AI in Amazon KDP

Although Amazon is not against AI, as evidenced by their testing of an AI-Generated Listing Tool, they lack control over third-party AI tools like Midjourney. The legality of using copyrighted materials during AI training, similar to Kelly McKernan's case, remains uncertain. However, Amazon may explore the possibility of allowing users to create book covers within the KDP platform in the future. Until then, creators and publishers should exercise caution when utilizing AI-generated content for Amazon KDP.

Solutions: Adobe Illustrator Tutorials for Beginners

To address the potential problem of AI-generated content, the content creator of this video Channel started uploading Adobe Illustrator Tutorials for Beginners. By creating their own content with proper training, individuals can avoid potential copyright and intellectual property issues associated with AI-generated content. These tutorials offer valuable guidance for those interested in producing original and copyright-friendly content.

Conclusion

The case of Jason Allen's AI-generated art and the subsequent copyright refusal serves as a reminder of the importance of human authorship in copyright protection. The US Copyright Office's stance on AI-generated content aligns with Amazon's updated Content Guidelines, emphasizing the need to adhere to intellectual property rights. As the use of AI tools like Midjourney increases, legal disputes may arise, prompting Amazon to take necessary precautions. By promoting self-generated content through tools like Adobe Illustrator, creators can reduce the risk of copyright infringement and ensure the long-term sustainability of their Amazon KDP business.