In a big blow to AI artists, the US Copyright Office has released a report stating that visual content created by generative AI platforms are not protected under current copyright laws.
AI image generators are, admittedly, a lot of fun. With just a simple prompt, you can generate a bounty of undeniably unique creations, many of which are sporting additional appendages and haunting visages worthy of your worst nightmares.
However, no matter how unique they may be, the US Copyright Office is pretty clear: Without some input beyond text, these creations cannot be copyrighted.
AI Art From Text Prompts Cannot Be Copyrighted
The report from the US Copyright Office — titled Copyright and Artificial Intelligence: Copyrightability — investigated the copyrightability of visual art created with generative AI platforms.
More specifically, it sought to establish the line between copyrightable art that is generated with the help of artificial intelligence and the not copyrightable art that is generated entirely with artificial intelligence.
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The report concluded that current US copyright law does protect AI creations with some level of visual input. However, if the AI art is created exclusively through text prompts, then the resulting output is no longer covered under copyright protections.
Why Isn’t AI Art Copyrightable?
Many argue that the act of prompting an AI chatbot with text that is extremely detailed and outlines exactly what the piece should look like is more than enough to prove an artistic contribution that warrants copyright protections. The US Copyright Office, however, does not agree.
“No matter how many times a prompt is revised and resubmitted, the final output reflects the user’s acceptance of the AI system’s interpretation, rather than authorship of the expression it contains.” – US Copyright Office
The line here, though, is quite blurry. As the report points out below, just a simple visual design prompt is enough to make the art copyrightable, because your contribution is more than just words.
An example of copyrighted content generated by AI. Source: US Copyright Office
AI Image Generators Are Still Fun Though
While you might not be able to copyright any of your creations, AI image generators are still a fun way to generate interesting art.
If you haven’t had the pleasure of checking out one of these platforms, we’ve put together a helpful guide to the best AI image generators that can get you started today.
Make sure you don’t post too many of your creations on Facebook, though, as the social media site as become a bit of a breeding ground for “AI slop,” which describes those weird attempts by accounts to get engagement from clearly fake images.
