A Trio of Decisions on the Copyrightability of AI-Drawn Art Should Prompt Artists to Stress Human Involvement If They Hope to Generate a Copyright

AGG Litigation & Dispute Resolution attorney Chase Ogletree authored an article titled “A Trio of Decisions on the Copyrightability of AI-Drawn Art Should Prompt Artists to Stress Human Involvement If They Hope to Generate a Copyright” for the May-June 2024 issue of The Journal of Robotics, Artificial Intelligence & Law.

In the article, Chase explored factors determining whether art drawn with the use of artificial intelligence (“AI”) tools can receive copyright protection. To help illustrate the complex issue based on case law to date, he led the article with two scenarios of AI-generated images and explained why one likely could be copyrighted and the other likely could not be.

In addition to detailing precedent around the copyrightability of AI art stemming from the ruling in Thaler v. Perlmutter, along with a pair of U.S. Copyright Office decisions, Chase concluded the article with real examples of AI-generated art from prompts he created. He offered practical insight on the likelihood of copyrighting those sets of images based on his prompts.

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