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Artist Receives First Known Copyright Registration in the US for Generative AI Art

Enlarge / An excerpt from the comic assisted by AI zarya of dawnwhich received a copyright registration in the United States.

In what could be the first time, a New York-based artist named Kris Kashtanova has received US copyright registration on her graphic novel featuring AI-generated artwork, according to your Instagram account and confirmed through a public records search conducted by Ars Technica.

The registration, effective September 15, applies to a comic called zarya of dawn. Kashtanova created the artwork for zarya using Midjourney, a commercial image synthesis service. In her post announcing the news on Tuesday, Kashtanova wrote:

I obtained the copyright from the US Copyright Office on my graphic novel generated by Ai. I was open to how it was done and put Midjourney on the cover. It was not altered in any other way. Just like you saw it here.

I tried to argue that we have copyright when we do something using AI. I registered it as a work of visual art. My certificate is in the mail and I received the number and a confirmation today that it was approved.

My lawyer friend gave me this idea and I decided to make a precedent.

Following her announcement, Kashtanova reached out to the record saying that the artwork was AI-assisted and not entirely AI-created. Kashtanova wrote the story for the comic, created the layout, and made artistic decisions to tie the images together.

Artists have likely registered works created by machines or algorithms before due to the history of generative art. dates back to the 1960s. But this is the first time we know that an artist has registered a copyright for art created by the recent round of latent diffusion-driven image synthesis models, which has been a contentious issue among artists.

Speculation about whether AI artwork may be copyrighted has been the subject of many articles in recent months, and yesterday we wrote about Getty Images banning AI-generated artwork from its site due to issues. unresolved issues of copyright and ethics.

Despite popular misconception (explained in the Getty article), the US Copyright Office has not taken a stand against copyrighting AI artwork. Instead, discarded copyrights registered to an AI as the author instead of a human being.

zarya of dawnwhich features a main character with an uncanny resemblance to the actress zendaya, is available for free through the AI ​​Comic Books website. This is a developing story, and we will update it as more details emerge.


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