An AI artist filed a Motion for Summary Judgment in U.S. District Court (District of Colorado) seeking reversal of the Copyright Office Review Board's denial of registration for an award-winning image created with Midjourney. The Review Board concluded that when AI produces complex works solely from a human prompt, the traditional elements of authorship are executed by the technology rather than the human user. The artist asserts that the work meets the Copyright Act's originality and fixation requirements, that fixation is undisputed, and that longstanding precedent applies a very low originality threshold ('spark of creativity').
"There is no argument by the Copyright Office that the Work is copied from another work, and it would be impossible to describe the Work as "garden variety"-the Work literally won a state art competition." - Jason Allen's Motion In a Motion for Summary Judgment filed earlier this weekwith the U.S. District Court for the District of Colorado, AI artist Jason M. Allen requested that the court overturn the Copyright Office's refusal to register his award-winning image "Théâtre D'opéra Spatial," created with the AI system Midjourney.
'Minimal Level of Creativity' For over a century, copyright law has interpreted the originality necessary for authorship and copyright with a remarkably low threshold for creative contribution, says Allen's motion. The contemporary standard, established in Feist Publications, Inc. v. Rural Telephone Service Co., Inc., asserts that copyright subsists in any work exhibiting a "spark of creativity" or a "minimal level of creativity." The Feist Court decisively stated that "'the requisite level of creativity is extremely low; even a slight amount will suffice."'
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