AI images should be copyrightable
- Posted by Michał ‘mina86’ Nazarewicz on 30th of January 2025
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In September 2022, ‘Théâtre D’opéra Spatial’, a work submitted by Jason Allen, won Colorado State Fair’s annual fine art competition in the digital art category. What made the success noteworthy was that the image had been AI-generated. Mr Allen eventually tried to register the work with the US Copyright Office but his attempts turned out fruitless. In September 2023 the Office refused his registration.


I didn’t think much of it at the time. I wasn’t that invested in the consideration of what kind of ‘two-dimensional artworks’ are protected by copyright and, more notably, I somewhat agreed with the decision. Perhaps the prompt was protected, but if only minor manual edits were made to the image, it felt like a stretch to say the image as a whole could be covered by copyright law.