Who owns AI art?

Kris Kashtanova, an artist based in New York, collaborated with the AI program Midjourney to produce an 18-page comic book called ‘Zarya of the Dawn.’ She was granted copyright for the comic in September 2022. However, five months later, the US Copyright Office reversed its decision, stating that the images in Zarya were not the result of human authorship. This case has sparked a debate about the ownership of AI-generated artwork and whether it must be created by a human being.

Copyright and intellectual property are mechanisms that enable individuals to control and profit from their creative works. However, the courts have consistently held that only human beings can be considered authors, and that AI tools do not possess the requisite level of originality and human effort.

Artists and companies who possess creative content are against the idea of copyright protection for AI artwork, arguing that the algorithms are created by training themselves on vast quantities of open-web material, some of which is already copyrighted.

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