Kristina Kashtanova, an artist, was granted copyright protection for her comic book Zarya of the Dawn last fall, but the US Copyright Office has since reconsidered and canceled the registration for the images, citing that they are not the product of human authorship. The Copyright Office based its decision on previous cases and the infamous incident where a selfie was taken by a monkey. Kashtanova is still the author of the work\’s text and the selection, coordination, and arrangement of the written and visual elements. Her lawyer Lindberg disagrees with the decision, claiming that Kashtanova contributed a “modicum” of input to the images. He argues that her instructions caused Midjourney, an AI image generator, to pull from an artist-chosen place in its massive table of probabilities to drive the generation of an image. Kashtanova is looking at her options to further explain to the Copyright Office how individual images produced by Midjourney are direct expression of her creativity and therefore copyrightable. This decision has implications for art created with AI tools and is an interesting case to follow. If you want to stay up to date on this topic and more, join my Facebook group.
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