• AI Copyright Law for Non-Humans, with Joel MacMull, Shannon Lietz, and Mark Miller

  • Jan 16 2024
  • Length: 24 mins
  • Podcast

AI Copyright Law for Non-Humans, with Joel MacMull, Shannon Lietz, and Mark Miller

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  • Summary

  • In today's episode, we examine the case of Steven Thaler trying to copyright protect a piece of artwork generated by his instructions to an AI creation engine. We'll start with Joel's overview of the case.

    The Thaler case is interesting for a couple of reasons. One is obviously that it deals with AI, but it is also an extension of existing legal principles. I mean, the long and short of it is, was that Stephen Thaler applied for a copyright with the Copyright Office. He indicated that he was the claimant, but that the author was essentially his creativity machine. This was essentially some code that he developed in an effort to create an image. The Copyright Office rejected his application on grounds that, at least as applied for, there did not appear to be any human authorship.

    And, oh, backstory, one of the requirements of the Copyright Office, as recently as earlier this year in February, is that human authorship is necessary for subject matter that is amenable to being copyrighted in the United States.

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