On December 11, 2023, the Review Board of the US Copyright Office released a letter affirming its refusal to register a work that was created using AI software. The USCO’s latest refusal marks the fourth time the USCO has denied copyright registration for works that have been created using AI.
The work in question is a 2D computer-generated image, which is comprised of an original photograph taken by the author and infused with Van Gogh’s “Starry, Starry Night” to create a 2D, computer-generated image entitled “SURYAST.” You can click on the letter above to see the images in question.
Sahni submitted a copyright registration application for SURYAST and listed himself and the app as the two authors. The USCO initially refused to register the copyright due to lack of human authorship. Upon multiple reconsiderations, the USCO upheld its refusal.
So what does this mean for you? The US Copyright Office continues to claim that original photographs taken by you are likely protectable under the law since they have the required “human authorship” necessary for protection. However, any images or output that that you create using AI will likely not be protected under US copyright law.