A federal judge on Friday upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to protection.
“In March, the copyright office affirmed that most works generated by AI aren’t copyrightable but clarified that AI-assisted materials qualify for protection in certain instances. An application for a work created with the help of AI can support a copyright claim if a human “selected or arranged” it in a “sufficiently creative way that the resulting work constitutes an original work of authorship,” it said.”
Thaler was appealing this, and his appeal was denied.
Just the risk alone will probably deter some companies. You can try to bluff your way through claiming copyright infringement, but if you do ever find yourself in court, the discovery process will start with ways to find out if AI was used and how much.
In theory you could lie to the courts, but that’ll make you personally liable, which would be ridiculous.
Copyright currently lives on for 70 years after the death of the authors because of the media cartel. Imagine producing new content that becomes public domain five years after release because someone managed to find out it was AI generated!