JAKARTA - The US Copyright Office stated in a letter seen by Reuters that images in graphic novels created using Midjourney's artificial intelligence system should not be given copyright protection.
The author of the novel "Zarya of the Dawn", Kris Kashtanova, is entitled to copyright for the part of the novel written and regulated, but not for the image produced by Midjourney.
This decision is one of the first by a US court or agency on the scope of copyright protection for works made with artificial intelligence, and comes amid a rapid surge in generative AI software such as Midjourney, Dall-E, and ChatGPT.
I received the Copyright Office's decision today about Zarya of the Dawn. The great news is that they affirmed my copyright, so Zarya of the Dawn will stay officially registered.
— Kris Kashtanova (@icreatelife) February 22, 2023
The Copyright Office stated in its letter that it would re-issue registrations for "Zarya of the Dawn" to remove images "not human authors' products" and therefore not copyright protected.
Kashtanova said that this is "good news" because the office provides copyright protection for novel stories and image settings. But Kashtanova says that they are considering the best way to encourage the argument that the images themselves are "direct expression of my creativity and therefore copyright protected."
Midjourney's general attorney, Max Sills, said that this decision was a "big win for Kris, Midjourney, and the artist", and that the Copyright Office "clearly says that if an artist controls image-making tools like Midjourney... his output is protected."
Midjourney is an AI-based system that produces images based on text prompts inserted by users. Kashtanova wrote the text "Zarya of the Dawn", and Midjourney created book images based on the prompt.
The Copyright Office notified Kashtanova last October that it would reconsider book copyright registration because the app did not disclose Midjourney's role.
The Copyright Office said on Tuesday February 21 that it would provide copyright protection for book texts and the way Kashtanova chose and compiled the elements. However, they say that Kashtanova is not the "brain of the pictures themselves."
"The fact that Midjourney's special output is unpredictable by users makes Midjourney different for copyright purposes compared to tools used by other artists," the letter said.
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