Some AI-generated art can be trademarked, US Copyright Office says

TThe U.S. Copyright Office stated that artwork generated by artificial Intelligence could be trademarked. This clarifies legal status of the method for creating derivative works.

On Wednesday, the office issued new guidance detailing which images were affected. Most AI-generated art is derived from other content on this internet. If the evidence is strong, an image can be made copyrighted by the office. “the result of mechanical reproduction,” Such as a text prompt. They should also reflect the creator’s identity. “own mental conception.”

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“The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work,” The office acknowledged.

“Based on the Office’s understanding of the generative AI technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material,” The office was expanded. “Instead, these prompts function more like instructions to a commissioned artist.” One example is that a user might ask DALLE to create an image that looks like a Vincent Van Gogh picture, but they would not be allowed copyright it since it is a derivative work of Van Gogh.

Popular online image generators powered by AI, such as Midjourney and DALL-E, have seen a rise in popularity. Many bots can create images by using text prompts, while others can take photos and get inspiration from other sources.

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Art critics and scholars are now reluctant to endorse the technology because of concerns about art theft.

Last month, the Copyright Office decided for the first time that AI art was protected when images created by the AI imagebot Midjourney were published in the comic book. Zarya the Dawn Could not be protected. However, the text and story may be copiedrighted.