A courthas ruledthat an artwork generated solely by AI without human involvement is not eligible for copyright protection.

It’s part of agrowing controversyoverthe use of AI in creative works.

The decision upholds the copyright office’s denial of an app submitted by computer scientist Stephen Thaler.

Robotic arm sculpting a lion.

Robotic arm sculpting a lion.peepo / Getty images

The artwork at the center of the lawsuit is titled “A Recent Entrance to Paradise.”

“Legally, the question is: ‘When does that work become protectable art?'”

Art created with the help of AI can be beautiful, moving, and impactful, Panebianco noted.

Humanoid AI robot painting a still life composition on canvas in the art studio.

AI robot painting in a studio.demaerre / Getty Images

However, he said presently, under current copyright law, AI-created work needs more protection.

“Copyright laws were established to protect the creativity and artistry of individuals,” he added.

Creative or Created?

demaerre / Getty Images

Generative AIprograms likeMidjourney can create nearly any imagesusers can imagine.

But is such software creating the art, or is it the person prompting the software?

“Currently, the answer is very much no,” Hanlin said.